Replacement Of Carriage Counsel Should Occur Where There Is Unreasonable Delay

A carriage battle is one where two or more plaintiffs' counsel compete to be class counsel on the same proposed class action.  When agreement is not possible, the Court will hear arguments and determine who will have "carriage".  Carriage battles have been described as "a casting call or rehearsal for the certification motion" and it has been noted that these motions, "[n]o doubt to the delight of the defendants ... involves the rivals hardheartedly and toughly reviewing and criticizing each other's work and pointing out flaws, disadvantages, and weaknesses in their rivals' plans for suing the defendants." see paras. 2-3 of 2012 ONSC 24. To read more about carriage battles, please click here and here.