In this article – “Class actions in British Columbia: Go west, young plaintiffs, go west” – we review British Columbia’s long-held perception as a favourable forum for Canadian class proceedings, especially in light of recent legislative changes in Ontario, and whether and how that may be changing. We also a major B.C. decision from 2021 that signals an approach that will weed out unmeritorious cases at an early stage, as the Court of Appeal held that certification is not presumed to be the first procedural step in a proposed class action. This case suggests that defendants continue to have meaningful opportunities to handle unmeritorious cases through substantive motions prior to the determination of class certification.

This article is authored by Christopher Naudie, who is a partner on Osler’s Litigation team; Emily MacKinnon, an associate on the Litigation team; and Sergio Ortega, an associate on the Tax and Commercial Litigation teams.

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Our Legal Year in Review, published December 7, 2021, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.

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