Is a superior court judge required to sit outside his or her home province to facilitate the implementation and enforcement of a national class action settlement?

Ontario, Canada


The following excerpt is from Parsons v. Ontario, 2015 ONCA 158 (CanLII):

I agree with the parties. This case, in my view, raises an issue that should be resolved because of its national importance and the continuing social cost of leaving it unsettled: see Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, at p. 362. Specifically, it is important to resolve whether a superior court judge has the option of sitting outside his or her home province to facilitate the implementation and enforcement of a national class settlement. The failure to resolve this important question may hinder the administration of national class action settlements such as this one, which are an important vehicle for promoting access to justice, judicial economy and behavior modification.

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