Update: March 2013
Monday, March 25, 2013 at 6:20PM
Branch MacMaster

Update: March 2013

BC Action:

The plaintiff and the defendants in the BC Action have completed exchangeof certification materials and cross-examinations. Chief Justice Bauman will hear the plaintiff’s certification application in the week of April 22, 2013. At that hearing, the Chief Justice will consider whether or not the action should be given official “class action” status so that it will bind and benefit all members of the class.

While the most recent version of the BC Action only proposes to include residents of British Columbia in its class, it is hoped that a positive result of the certification application in the BC Action would guide the outcomes in other provinces. This is not guaranteed, however, and actions have been filed in other provinces to ensure the interests of all Canadian merchants are protected and their claims are advanced.

 

Ontario Action:

By agreement of the parties and with the approval of its case management judge, the Ontario Action has been held in abeyance pending the outcome of the certification application in the BC Action.. The plaintiff has provided regular updates to the case management judge in Ontario.

 

Quebec Action:

By agreement of the parties and with the approval of its case management judge, the Quebec Action has been suspended until June 21, 2013 to allow  the certification application in the BC Action to proceed first. The plaintiff has provided regular updates to the case management judge in Quebec.

 

Alberta Action:

An action was filed in Alberta on December 12, 2013. The Alberta Statement of Claim is available in the Documents section of this website.

A competing overlapping action was filed in Alberta and in Saskatchewan by the Merchant Law Group. There will be a hearing before Associate Chief Justice Rooke to determine which of the two claims will be allowed to proceed in Alberta. That hearing will take place on April 3 and 4, 2013.

 

Saskatchewan Action:

An action was filed in Saskatchewan on January 24, 2013. The Saskatchewan Statement of Claim is available in the Documents section of this website.

A competing overlapping action was filed in Saskatchewan by the Merchant Law Group. We expect there will be a hearing in Saskatchewan in the near future to determine which of the two claims will be allowed to proceed in Saskatchewan.

Article originally appeared on Credit Card Class Action (http://creditcardclassaction.com/).
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