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ARTICLE · 17 DECEMBER 2014

Carriage Motions Come Of Age With Approval Of Evidentiary Records

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Should class counsel rush to the courthouse with skeletal pleadings, or invest time and money in preparing a comprehensive claim?

CanadaLitigation, Mediation & Arbitration
Glenn Zakaib
Glenn Zakaib
Jeremy Martin
Jeremy Martin
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Should class counsel rush to the courthouse with skeletal pleadings, or invest time and money in preparing a comprehensive claim? If a carriage motion results, should they bring forth the evidence they intend to use at trial, in full view of the defence, or keep those cards close to their chest?

Last week, the Ontario Superior Court addressed these issues in deciding a carriage motion between two groups of experienced plaintiff-side class action counsel. Both had moved before the Court to be designated as counsel to a class consisting of certain shareholders.

In the course of the hearing, the Court effectively rejected simple, quick measures to determine carriage – first to file, firm reputation, expediency of proposed proceeding – and instead approved the practice of sinking substantial costs into preparing comprehensive pleadings and vigorously prosecuting a carriage motion.

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