The International Comparative Legal Guide To: Class & Group Actions 2014

1 CLASS/GROUP ACTIONS

1.1 Do you have a specific procedure for handling a series or group of related claims? If so, please outline this.

Today, virtually all Canadian jurisdictions – nine of the ten provinces – have enacted specific class proceedings legislation, which governs the procedural aspects and oversight of such claims in each province. To date, none of Canada's three territories have done the same. Most provincial class action legislation is modelled on either the legislative schemes of the statutes in either Ontario or British Columbia, which are generally similar with some subtle differences. Where the procedure is not set out in the provincial statute, the courts have elaborated on the rules and principles applicable. The only Canadian province without class proceedings legislation is Prince Edward Island. In order to bring a claim as a class proceeding, the representative plaintiff, on behalf of the proposed class, must apply to have the proceeding