Page "Class action" Paragraph 50

Recent judicial opinions have indicated that provincial legislative national opt-out powers should not be exercised to interfere with the ability of another province to certify a parallel class action for residents of other provinces.

The first court to certify will generally exclude residents of provinces whose courts have certified a parallel class action.

However, in the Vioxx litigation, two provincial courts recently certified overlapping class actions whereby Canadian residents are class members in two class actions in two provinces.

Both decisions are under appeal.