Assessment of Parallel Class Proceedings in Multiple Provinces Should Occur at Certification and Not on Preliminary Stay Motion

March 15, 2025 | Jonathan Chen & Lynne McArdle

Background

In InvestorCOM Inc. v. L’Anton, 2025 BCCA 40 (“InvestorCOM”), the British Columbia Court of Appeal considered the approach to address parallel proposed class actions commenced in two different Canadian provinces.

After a data breach, the proposed class actions were commenced in BC and Ontario advancing similar claims and seeking certification as national class actions. The defendants brought a motion in the BC action seeking to have it stayed as an abuse of process arguing that it served no legitimate purpose and overlapped with the Ontario action. The stay motion was brought prior to certification.

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