Consultation MemorandaBack to Publication Search
This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation involving multiple defendants who are in the same or similar position in relation to claims brought against them. This report examined the existing law and procedures that govern proceedings in which a number of plaintiffs have the same or similar claims against the defendant. It assesses the problems in the operation of that law, makes recommendations for improvements that will alleviate those problems and considers whether it is necessary, or possible, to provide a more satisfactory procedural framework in which to meet the multiple plaintiff litigation demands of modern Alberta. It also examines where the law requires any changes where a number of defendants are in the same or similar position in relation to claims brought against the. Taken together as a package, the recommendations in this report improve access to justice for plaintiffs and serve a regulatory function by helping to deter wrongful behaviour by potential defendants. Draft legislation is included.