Is a proposed class proceeding a different species than just a any old action?
British Columbia, Canada
The following excerpt is from Great Canadian Gaming Corporation v. British Columbia Lottery Corporation, 2017 BCSC 574 (CanLII):
There are cases in which the courts have acknowledged that a proposed class proceeding is a different species than just “any old action”. For example, in MacKinnon v. Instaloans Financial Solution Centres (Kelowna) Ltd., 2004 BCCA 472, Madam Justice Saunders described an actions commenced under the CPA as “an action with ambition”. However, Madam Justice Saunders also confirmed that the Rules apply to such actions.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
Is a class action proceeding preferable to an individual action proceeding? (British Columbia, Canada)
What is the test for a class action under the Class Proceedings Act? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
Is there any case law where a class member has to make a decision about whether to join a class action in a different jurisdiction? (British Columbia, Canada)
What causes of action have been struck out of a class action for breach of section 61 of the Competition Act? (British Columbia, Canada)
What is the test for representing a class in a class action? (British Columbia, Canada)
In what circumstances will an application to certify an action as a class proceeding be granted? (British Columbia, Canada)
Is there an identifiable class or preferability of a class proceeding? (British Columbia, Canada)
What is the difference between an action and a similar action? (British Columbia, Canada)
