May 13, 2016
The challenges posed to administering national class action lawsuits in Canada are once more in the spotlight as the Canadian Bar Association’s Class Action Task Force seeks to establish a protocol for dealing with lawsuits filed in overlapping jurisdictions. This particular goal, as reported in the Law Times, failed to be realized in the last set of guidelines released by the task force in 2011. Torys partner and chair of the Class Action Task Force, Sylvie Rodrigue, talked to the Law Times about the latest efforts being taken to devise an operational protocol that meets the needs of all parties involved.
In 2011, the task force issued a watered-down version of its Judicial Protocol for the Management of Multi-Jurisdictional Class Actions, which focused on the approval and administration of settlements. What was missing was a protocol for dealing with the filing of suits in overlapping jurisdictions.
"We weren't able to get consensus on some type of management process for contested cases," says Rodrigue. "A little bit has changed and everybody thought it was worth another attempt," so she has been busy recruiting new members to the task force.
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