Carriage fights occur when overlapping class actions are
commenced about the same alleged wrongdoing. Often, a stay motion
is then brought to determine which representative plaintiff and
class counsel should have carriage of the action. Carriage fights
are common in provincial courts but, in 2020, the Federal Court of
Appeal decided the first carriage fight in that court.
Two sets of plaintiffs started overlapping class actions on
behalf of Métis and Non-Status Indians who were affected by
the “Sixties Scoop” (the practice of separating
Indigenous children from their families and communities, and
placing them in foster homes for adoption). The plaintiffs both
moved for carriage of the class action.
