Taking The Show On The Road: Class Action Judges Can Sit Outside Their Province

The Supreme Court of Canada held in Endean v. British Columbia that superior court judges in British Columbia and Ontario have broad statutory authority and discretion under their respective Class Proceedings Acts to conduct hearings outside of their home jurisdiction for the purpose of managing national class actions. Unlike the appellate courts below, the Supreme Court found that a video link to an open courtroom in the judge's home jurisdiction was not legally required. The Court's decision in Endean is strong endorsement of the broad jurisdiction that exists under class proceeding legislation and will facilitate the efficient management of multijurisdictional class actions across Canada.