Abuse Of Process? 10 Years, 9 Provinces, 1 Claim And 5 Different Results

One of the challenges faced by defendants in class actions is when the same claim is brought multiple times in different provinces. This practice is common for class counsel looking to toll limitation periods or to achieve an advantage by pursing the action in a plaintiff-friendly province.

One interesting case which is making its way through courts across Canada involves allegations that a charge by cellular and wireless telecommunication services providers of "system access fees" was unlawful (the "System Access Fees Claim"). Filed in 2004, the same System Access Fees Claim, brought by the same law firm, on behalf of the same plaintiffs against the same defendants was filed in 9 of the 10 provinces leaving out only Prince Edward Island (which does not have class action legislation).

Over the next decade, class counsel then pursued the action in Saskatchewan (known as the Frey Action),1 seeking a national opt-in class and proceeded...