The service of a statement of claim in intended class action
proceedings often puts defendants in the spotlight of what can be a
protracted and frustrating roller coaster. When a defendant is
served with two or more class actions claims relating to the same
or similar causes of action, the spotlight turns to the
plaintiffs' counsel who must "duke it out" to assume
carriage of the matter. The Divisional Court's recent upholding
of Belobaba J.'s carriage order in Mancinelli v.
Barrick Gold Corporation reflects an application of the
principles governing carriage motions. The decision reflects how a
carriage motion can give rise to both insight and obstacles for
defendants.
In Barrick, carriage of a class action against Barrick
Gold Corporation and four of its executives was awarded to a
consortium led by Rochon Genova ("RGG"), and staying a
competing action led by Koskie Minsky ("KMG"). The
competing actions arose from Barrick's disclosure on April 10,
2013 that
