Late Registration Of A Class Action To The National Class Actions Database Does Not Render The Action A Nullity

When two or more putative class proceedings are commenced and involve the same or similar subject matter and some or all of the same proposed class members, a representative plaintiff may, if they are unable or unwilling to cooperate with the other representative plaintiffs, move to have the court determine which proceeding would best advance the claims of the class (i.e. a carriage motion). A carriage motion is a procedural step in which a court intervenes to determine which of multiple overlapping class proceedings should proceed, ensuring efficiency and avoiding duplication.

Under section 2(1.1) of the Class Proceedings Act (CPA) and O. Reg 497/20, section 1(2), representative plaintiffs must register their claim on the National Class Actions Database (the Database) the day it is commenced. After 60 days, no other representative plaintiffs can start a class proceeding for the same or similar subject matter without first obtaining leave from the court. Those who