Share on LinkedInShare on LinkedIn

ARTICLE · 27 JULY 2021

Sequencing Shake Up In British Columbia

In British Columbia v. The Jean Coutu Group (PJC) Inc.(the Appeal), the British Columbia Court of Appeal (the BCCA) held that the certification application in a class action proceeding is not the presumptive first step.

CanadaLitigation, Mediation & Arbitration

Introduction

In British Columbia v. The Jean Coutu Group (PJC) Inc.(the Appeal), the British Columbia Court of Appeal (the BCCA) held that the certification application in a class action proceeding is not the presumptive first step. 1 In overturning the decision of the British Columbia Supreme Court (the BCSC), Justice Butler found that the appellants, the Jean Coutu Group (PJC) and Pro Doc Limitée (Pro Doc), would be prejudiced if their jurisdiction applications were not heard before the certification application.2 Traditionally, in many Canadian jurisdictions, certification applications are heard in advance of or concurrent with any preliminary applications to strike or for summary judgment. Defendants who seek to bring motions to strike or for summary judgment in advance of certification often found their motions "sequenced" to be heard together with or even after certification. This decision reaffirms the factors that courts will consider in a class

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

See more popular content from