In Precision Contractors Ltd v Government of Saskatchewan, 2013 SKCA 57, the Court of Appeal found that a common issue of constitutional validity did not, in and of itself, make a class action not the “preferable proceeding”.
The Court of Appeal held that there was no absolute rule that a class action was perforce ill-suited to a claim for a declaration that a provincial taxing enactment was unconstitutional. In addition, the Court of Appeal noted the certification judge’s next step, bifurcating the proceedings by conditionally adjourning the certification application pending the determination of the constitutional issue in a … Continue Reading
In the newly published World Class Actions: A Guide to Group and Representative Actions Around the Globe, McCarthy Tétrault litigators David Hamer and Shane D’Souza co-authored the “Multijurisdictional and Transnational Class Litigation: Lawsuits Heard ‘Round the World” chapter. The chapter offers guidance to international lawyers who represent clients involved in cross-border, multinational and international class actions.
World Class Actions is a practical guide for lawyers, clients, legal support professionals, academics, policymakers and judges on the procedures available for class, group and representative actions internationally. Each chapter is written by a local attorney familiar with the laws, best practices, legal … Continue Reading
For those who may be interested, three of McCarthy Tétrault’s litigators authored a chapter on class actions in the ABA’s recently published 2012 Annual Review of Developments in Business and Corporate Litigation. “Cross-Border and Multi-Jurisdiction Class Actions – A Canadian Perspective”, authored by Anthony Alexander, Christopher Hubbard and Elder Marques, discusses how Canadian courts have applied jurisdictional principles in class actions, both in assessing whether certification is appropriate and in enforcing foreign class action orders.
This is the first edition of the annual review that includes content on Canadian legal developments. You can read more on our … Continue Reading