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ARTICLE · 13 JANUARY 2020

Save It For Certification: The Court's Answer To The Question Of Which Jurisdiction Wore It Better

Two proposed class actions. Two law firms. Two provinces. One set of facts. Which action will reign supreme? In DALI 675 Pension Fund v SNC Lavalin, the...

CanadaLitigation, Mediation & Arbitration

Two proposed class actions. Two law firms. Two provinces. One set of facts. Which action will reign supreme? In DALI 675 Pension Fund v SNC Lavalin, the class actions version of "who wore it better", Justice Belobaba addressed the question of whether a parallel class action proceeding commenced in a separate province constitutes an abuse of process. His answer? Just a healthy dose of competition.

In February 2019, a plaintiff represented by one law firm commenced a national class action in Quebec against SNC-Lavalin, alleging securities misrepresentations in the secondary market. In June 2019, a plaintiff represented by a different law firm commenced a national class action in Ontario against SNC-Lavalin based on the same set of facts.

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