Court Finds Commencing Class Action Without Intention To Prosecute To Be Abuse Of Process

The Nova Scotia Court of Appeal's recent decision in BCE Inc. v. Gillis permanently and unconditionally stayed a class proceeding that had laid dormant for over a decade as the plaintiffs pursued a class proceeding in Saskatchewan. Once the plaintiffs were unable to obtain all sought relief in Saskatchewan, renewed interest emerged in actions in Nova Scotia (and elsewhere). The Court of Appeal held that the Nova Scotia proceeding was an abuse of process.

The Court was careful to note that it is not per se inappropriate to commence class proceedings in multiple jurisdictions. Indeed, multiple class proceedings may be expected at times. But when a claim is commenced for illegitimate reasons or is neglected for a lengthy period of time, an abuse of process may be found.