Entries by Stephen Pitel

Parallel Class Actions in Canada

Canadian provincial courts continue to analyze how to manage class actions that include class members from other provinces.  While Canada is a federal country, it is acceptable for the court in a province to certify a class that includes members from other provinces.  A difficulty arises if two provinces are each asked to certify a multijurisdictional class […]

Canadian Conflicts Publications

During a recent round-up of Canadian publications dealing with the conflict of laws, I have found the following articles which some might find of interest:  – Robert Flannigan, “The Use of Foreign Forms to Circumvent Local Liability Rules” (2007) 44 Alta. L.R. 803-14 – Lily Ng, “Covenant Marriage and the Conflict of Laws” (2007) 44 […]

Developments in the Recognition of Foreign Class Action Judgments

With the courts of Canadian provinces willing to take jurisdiction over a “national” class claim, involving a plaintiff class which includes members located in other provinces, and with American courts willing to take jurisdiction over “international” classes, involving a plaintiff class which includes members located in Canada, Canadian courts are increasingly having to confront the […]