Newfoundland Court Of Appeal Rules That Counterclaims Cannot Be Certified As Class Actions

The Newfoundland Court of Appeal has rendered a precedent-setting decision in Thorne v. College of the North Atlantic, in which the bench was tasked with deciding a novel issue: does the Newfoundland and Labrador Class Actions Act, (the "Act") provide for the certification of counterclaims? The Court of Appeal answered in the negative.

Like many other provinces in Canada, Newfoundland's class action legislation does not expressly provide for the certification of a claim against a class of defendants. In this case, the defendant in a class action sought to bring a counter-claim against the same class that was suing the defendant. In other words, it was seeking to certify the plaintiff class as a defendant class for the purposes of its counterclaim.