Are Canada's No Cost Class Action Jurisdictions Moving To A Pre-Certification Cost Regime?

While Ontario continues its review of its Class Proceedings legislation, including its rules in respect to awarding costs, the case law in Canada's so called "no cost" class action jurisdictions continues to develop.

British Columbia, Saskatchewan, Manitoba and the Federal Court each choose to adopt a "no cost" regime for class actions (subject to certain limited exceptions).  While these jurisdictions adopted slightly different language in their legislation the legislative intent appeared clear.  For example, section 40(l) of Saskatchewan Class Actions Act provides:

"Subject to subsection 2, neither the Court of Queen's Bench nor the Court of Appeal may award costs to any party to an application for certification pursuant to subsection 4(2) or section 5, to any party to a class action or to any party to an appeal arising from a class action at any stage of the application, action or appeal."