On January 31, 2012, Chief Justice Bauman of the Supreme Court of British Columbia issued a ruling (2012 BCSC 146) that the defendants' motion to strike the plaintiff's pleadings on various grounds should not proceed before the plaintiff's motion for certification.
Since then, the plaintiff and defenants have agreed on a certification schedule that will see a certification hearing on the week of April 22, 2013.
We have proposed that the action will go forward in BC, while the Ontario Action and Quebec Action be held in abeyance pending the outcome of certification in BC. While the BC Action only proposes to include residents of British Columbia, it is hoped that the result of the BC Action will guide the outcome in other provinces. This is not guaranteed, however. Therefore, actions have been filed in other provinces, as discussed below.
There have been no developments in the Ontario Action. Madam Justice Horkins, case management judge for the Ontario Action, has agreed to allow the action to proceed first in BC for the time being.
Class members in Ontario should be aware that the outcome in the BC Action will not necessarily be the same as the outcome in the Ontario Action.
A similar action was filed in Quebec in December 2010. The lawyer for the plaintiffs in Quebec has agreed to work with the lawyers in the BC and Ontario Actions. The Motion to Authorize the Bringing of a Class Action is available on the Documents page. It is presently intended that the Quebec Action will await the results of the hearings in BC.
Class members in Quebec should be aware that the outcome in the BC Action will not necessarily be the same as the outcome in the Quebec Action.