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ARTICLE · 21 OCTOBER 2016

SCC Resolves Multi-Jurisdictional Hearings Debate

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In concurrent decisions released today in Endean v. British Columbia and Parsons v. Ontario, indexed as Endean v British Columbia, 2016 SCC 42, the Supreme Court of Canada resolved under what authority and conditions a provincial Superior Court judge can maintain jurisdiction ..

CanadaLitigation, Mediation & Arbitration
Angus T. McKinnon
Angus T. McKinnon
Rebecca Case
Rebecca Case
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In concurrent decisions released today in Endean v. British Columbia and Parsons v. Ontario, indexed as Endean v British Columbia, 2016 SCC 42, the Supreme Court of Canada resolved under what authority and conditions a provincial Superior Court judge can maintain jurisdiction without being physically present in their home province in the context of a pan-Canadian class action settlement. The majority found that section 12 of Ontario's Class Proceedings Act, 1992 and section 12 of British Columbia's Class Proceedings Act (the "Class Proceedings Acts") provide the necessary statutory authority to conduct a hearing outside the Court's home province and that a video link to the home province is not a prerequisite to maintaining such jurisdiction.1

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