CIVIL PROCEDURE - Parties - Class or representative actions - Common interests and issues

Law360 Canada (May 10, 2023, 6:10 AM EDT) -- Appeal by the appellants from an order dismissing their application to consolidate three separate class action proceedings in BC, Ontario and Quebec into a Single Common Issue Proceeding (“SCIP”) in B.C. They argued that the chambers judge erred in principle by considering factors relevant to a forum non conveniens analysis. This class proceeding was ultimately certified as a BC-only class. It did not include any non-BC residents. The appellants applied to amend the existing BC certification order to expand the Class definition to create a National Class consisting of class members in the Certified British Columbia Action and the proposed class members in the uncertified Ontario Action and a Quebec Class consisting of class members in the authorized Quebec Action. The judge was unconvinced by the appellants’ argument that BC was a more appropriate venue for geographic reasons. The judge concluded an obvious solution was to proceed with a Quebec SCIP, a proposal which for undisclosed reasons the appellants had rejected. In advance of the hearing of the appeals on their merits, the respondent applied to quash the appeals, contending that leave to appeal was required, but not sought....
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