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ARTICLE · 28 JANUARY 2020

FCA Clarifies Law On How Consolidated Actions And Judicial Reviews May Proceed As A Class Action

Borden Ladner Gervais LLP
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He also brought a motion to certify his proposed action as a class proceeding.

CanadaLitigation, Mediation & Arbitration
Mannu Chowdhury
Mannu Chowdhury
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In Brake v. Canada (Attorney General) the Federal Court of Appeal simplified how litigants may concurrently pursue applications for judicial review and actions before the Federal Courts,an area previously "fraught with unnecessary procedural complexity and uncertainty." Historically, litigants had to bring actions for damages in the courts of law and proceedings for judicial review in the courts of equity. Because damages are not available in judicial review, applications and certain administrative remedies are not available in actions for damages. Litigants who believed they were wronged by an administrative delegate and wanted to pursue both damages and administrative law remedies faced a problem: did they need to commence two separate proceedings? In addition, what would happen if they wanted to "convert" their action into a class proceeding?

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