Loser Pays: Saskatchewan Restores Costs Awards For Class Actions

The stakes have been raised for parties to class actions in Saskatchewan. On May 14, 2015, Saskatchewan's Class Actions Act ("CAA") was amended, restoring judicial discretion to award costs in class action proceedings. The losing party to a class action now faces the possibility of being ordered to pay for some or all of the winning party's legal expenses and disbursements.

Previously, Saskatchewan was a no-costs jurisdiction.¹ No-costs jurisdictions, including those presently found in British Columbia, Manitoba, Newfoundland, and the Federal Courts, are generally considered to be plaintiff friendly. In these jurisdictions, each party bears her or his own costs regardless of the outcome of the class action. This legislative choice is viewed as a means to encourage individuals to act as a representative plaintiff by bringing a suit on behalf of the entire class without risking a costs award commensurate with the overall claim advanced. The recent legislative