CLASS ACTION DIVISION
NOTICE TO THE MEMBERS OF THE BAR
The Canadian Judicial Council has endorsed the recommendation of the Uniform Law Conference of Canada for the creation of a central class action registry to facilitate the exchange of information about all class actions instituted in Canadian provinces, including multi-jurisdictional class actions. The Canadian Bar Association has announced its plans to establish such a registry on a trial basis, which will be operational as of January 2007.
Furthermore, Section 1050.2 of the Code of Civil Procedure provides for the establishment of a registry of class actions instituted in Quebec. The Ministère de la justice of Quebec has recently undertaken to set up such a registry, as prescribed by the code. At this time, no precise date has been determined for the implementation of the Quebec registry.
The proposed national and Quebec registries will eventually provide an overview of class action proceedings instituted in Quebec and in the other Canadian provinces. They will allow lawyers and members of the public to obtain relevant information about class actions instituted across Canada. A link-up of the two registries may be expected.
Therefore, effective January 1, 2007, in the context of the case management of class actions, lawyers acting on behalf of a pplicants must comply with the following procedure.
Within 10 days of service or filing, a copy of the motion for authorization of a class action and any subsequent amendments, must be sent electronically to the National Class Action Database of the Canadian Bar Association at the following address :
National Class Action Database
Canadian Bar Association
Attention: Kerri Froc
The attached registration form must be used when submitting documents to the National Class Action Database. PDF is the preferred format for documents but MS Word documents will also be accepted.