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ARTICLE · 05 JUNE 2015

Carriage Motions: Insights And Obstacles For Defendants

Osler, Hoskin & Harcourt LLP
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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.

CanadaLitigation, Mediation & Arbitration
Lawrence Ritchie
Lawrence Ritchie
Lauren Tomasich
Lauren Tomasich
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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

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