Can Representative Plaintiffs from Other Jurisdictions Adduce Evidence in a Certification Application?

Class proceedings often concern issues that involve persons residing in a number of provinces. A representative plaintiff residing in one province may seek to certify a class proceeding on behalf of a class that includes persons that reside outside of the province. Saskatchewan class proceedings legislation defines such a proceeding as a "multi-jurisdictional class action".¹ A class member residing in another jurisdiction may also seek to commence a class action in his or her jurisdiction on behalf of the same class with the result that multiple class actions in different jurisdictions relate to the claims of overlapping groups of persons.

In order to avoid this kind of duplicative litigation, The Class Actions Act requires the Court to determine if it would be preferable for the claims or common issues to be resolved in the other class action.² In making this determination the Court must consider certain objectives of the legislation such as promoting