Important Changes To Saskatchewan's Class Actions Act Of Interest To All Companies

Important changes have been made to Saskatchewan's Class Actions Act (CAA) affecting all companies and other organizations that are in any way involved in the distribution of goods or services to the public.

Most companies now appreciate that they are exposed to class actions in connection with many aspects of their business. Saskatchewan is a favoured place for plaintiffs to start class actions, even against companies that do only a small amount of their total business in that province.

Until a recent amendment to Saskatchewan's CAA, applicants for certification in Saskatchewan have been immune from costs in most circumstances. The exposure to costs can make, in the words of the Supreme Court of Canada, class actions litigation the "sport of kings in the sense that only kings or equivalent can afford it" (Kerr v Danier Leather Inc., 2007 SCC 44 at para 63) and can be a major deterrent against class actions in some situations. Because of the near virtual immunity