Class Proceedings Can Constitute An Abuse Of Process But Interim Relief Is Unlikely

One of the key considerations in class action litigation is whether to bring an interim application to dismiss the proposed class action. One such basis for dismissal is where the class proceeding serves no legitimate purpose and constitutes an abuse of process. Stays in these cases are motivated by the judicial policy of promoting access to justice through judicial economy.

The advantage of a single, national class proceeding has received judicial and academic attention for maximizing efficiency and promoting the interests of justice. Specifically, avoiding duplication and inconsistent findings, along with efficient use of judicial resources are key considerations.

In a detailed survey of the issue, the Ontario Superior Court in Kowalyshyn v Valeant Pharmaceuticals International Inc., held that "judicial economy and the avoidance of a multiplicity of proceedings is a foundational principle of civil procedure generally".¹