Endean v. British Columbia: An Opening (But Not A Floodgate) For National Class Proceedings

On October 20, 2016, the Supreme Court of Canada released its decision in Endean v. British Columbia.¹ The decision supports the advance of multijurisdictional national class proceedings, but questions remain as to the extent to which such proceedings can be efficiently managed and adjudicated prior to settlement.

Background

The central question in Endean was whether judges can hear motions in a different province. The issue arose in the context of the 1999 national settlement of three concurrent class actions advanced on behalf of those infected with Hepatitis C through the Canadian blood supply. The settlement agreement assigned an independent supervisory role to the courts of British Columbia, Ontario and Québec; however, any court order will only be effective if the orders of the other two courts are materially identical. As the implementation of the settlement progressed, three separate motions were brought each time an issue needed to be determined in