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
