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ARTICLE · 29 MARCH 2022

Significant Carriage Decision From The BC Supreme Court

McCarthy Tétrault
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As we have written, British Columbia is becoming an ever more popular jurisdiction for class actions. In turn, carriage battles among putative class counsel are becoming more common.

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Patrick Williams
Patrick Williams
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As we have written, British Columbia is becoming an ever more popular jurisdiction for class actions. In turn, carriage battles among putative class counsel are becoming more common. Moiseiwitsch v. Canadian National Railway Company and Canadian Pacific Railway Company, 2022 BCSC 331 is the most recent comprehensive carriage decision in British Columbia and raises several interesting issues.

Two proposed class actions were filed for damages caused by a wildfire: Moiseiwitsch  and O'Connor: Moiseiwitsch  was filed first and set for a certification hearing in October 2022, but named only two defendants. No certification hearing had been scheduled in O'Connor, but O'Connor  included a variety of additional defendants, including the federal government.

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