Jurisdiction Pursuant to s. 5 of the
Class Proceedings
Act
First, the Court of Appeal reviewed the history of
multijurisdictional class action proceedings in Canada, citing the
“patchwork of legislation across the country” that led
to inconsistent principles regarding duplicative proceedings. In so
doing, the Court noted that this history demonstrates that we are
still “in the evolution of a culture shift” that
requires practical mechanisms to consistently address overlapping
and duplicative class proceedings in multiple provinces.
In Alberta, multijurisdictional amendments were incorporated
into s. 5 of the
Class Proceedings Act. If there are
current or proposed multijurisdictional proceedings related to a