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ARTICLE · 10 NOVEMBER 2017

Class Action Stays In Saskatchewan—Should Defence Counsel Just Stay Away?

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In Spicer v Abbott Laboratories Ltd, 2017 SKQB 271 [Spicer], Justice Barrington-Foote declined to stay a class action even though parallel proceedings brought by the same counsel were dismissed...

CanadaLitigation, Mediation & Arbitration
Ashley Paterson
Ashley Paterson
Ethan Schiff
Ethan Schiff
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Overview

In Spicer v Abbott Laboratories Ltd, 2017 SKQB 271 [Spicer], Justice Barrington-Foote declined to stay a class action even though parallel proceedings brought by the same counsel were dismissed in Québec, British Columbia and Ontario. Justice Barrington-Foote acknowledged that pre-certification applications to stay a proceeding as an abuse of process will be granted where they are fair and efficient. After addressing factors which strongly indicated an abuse of process, he exercised his discretion to permit the action to continue in recognition of changes in the law and the importance of access to justice in the class actions context.

The Cases in Québec, Ontario and British Columbia

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