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ARTICLE · 29 AUGUST 2013

Judges To Adjudicate Common Matters In Class Actions Collectively In One Location

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Class actions were brought in Ontario, British Columbia, and Quebec on behalf of individuals who were infected with Hepatitis C through the Canadian blood supply.

CanadaLitigation, Mediation & Arbitration
Louise Moher
Louise Moher
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Co-author: Lidiya Yermakova, Student-at-law

In 1999, a joint pan-Canadian settlement agreement was approved by the court in all three cases. Under the terms of the agreement, the Superior Courts of each province retained supervisory jurisdiction over the enforcement of the settlement. The settlement agreement specified that any supervisory order relating to the administration of the settlement took effect at such time when all three judges had handed down substantially similar orders.

In Parsons v The Canadian Red Cross Society, 2013 ONSC 3053, Endean v Canadian Red Cross 2013 BCSC 1074, and Honhon c. Canada (Procureur général) 2013 QCCS 2782 (collectively, "the Parsons decisions") counsel in each province sought directions from their respective Superior Courts on the ability of the three supervisory judges from the three jurisdictions to sit together in one physical location and adjudicate common matters. The Attorneys General of Ontario and British Columbia

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