Canada Post Corporation v. Michel Lépine,
2009 SCC 16
In this recent decision, the Supreme Court of Canada addressed
the question of multiple overlapping class proceedings. In so doing
it adopted the decidedly cautious view that the issue was one for
the legislators, not the courts.
The action arose as a result of a lifetime Internet service that
was offered by the defendant, Canada Post Corporation. Canada Post
subsequently cancelled the service and, as a result, numerous class
proceedings were initiated by purchasers. An overlap between two
such proceedings - one in Ontario and one in Quebec - gave rise to
this case.
In Ontario, a class was certified for the purpose of approving a
settlement reached between Canada Post and the plaintiffs. The
Ontario class definition included Quebec residents, despite the
fact that the Ontario Court was aware that another proceeding based
on the same cause of action had already been commenced in the
Quebec Superior Court. In
