Class Actions In Canada: Proceeding On A National Basis Is Not Always The Preferable Procedure

Canadian courts often certify national class actions involving consideration of legislation from multiple provinces, like provincial consumer protection statutes that differ somewhat from province-to-province. But in the recent decision of Virani v Uber Portier Canada Inc., 2023 ABKB 240, differences in provincial employment legislation proved to be a stumbling block for the proposed national class and the Court certified the proceeding only for residents of Alberta. Virani suggests that if the case concerns the application of provincial legislation to highly variable facts, a national class proceeding may not be the preferable procedure.

Background

Virani concerns whether the proposed class members are properly characterized as employees under provincial employment legislation. The representative plaintiff proposed a class proceeding for class members in all provinces other than Prince Edward Island and Ontario (a similar class proceeding had already been