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ARTICLE · 07 APRIL 2014

The National Class – Meeking v. The Cash Store (Manitoba)

McCarthy Tétrault
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There are several key jurisdictional questions raised by this case.

CanadaLitigation, Mediation & Arbitration

There are several key jurisdictional questions raised by this case relating to the enforceability of class action judgments issued in one province that purport to bind class members from other provinces.  The case is now before the Supreme Court of Canada which will be considering such issues as (a) what are the territorial limits under the Canadian Constitution on a provincial court's assertion of jurisdiction in a class proceeding over residents of other provinces and (b) whether a provincial court has a more expansive jurisdiction in a class proceeding than in an ordinary proceeding to determine the rights of residents of another province concerning transactions occurring wholly within that province.  The answers to these questions could have a  significant impact on the future of national class actions in Canada.

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