Die Another Day: SCC Adjourns Appeal Of National Class Actions Decision Sine Die

Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the Manitoba Court of Appeal's decision in Meeking v. Cash Store Inc. et al., 2013 MBCA 81. The appeal, which was scheduled to be heard on January 12, 2015 and expected to bring clarity on the issue of "national" class actions in Canada, was recently adjourned sine die.

The significance of the Meeking decision is described in two earlier posts, which can be found here and here. In summary, the Manitoba Court of Appeal recognized a new presumptive connecting factor, namely the presence of common issues across the class, by which a provincial superior court could assume jurisdiction over non-residents in class proceedings, with the result that a class settlement entered into in Ontario could be binding on extra-provincial class members. However, the Court went on to deny enforcement against some plaintiffs in that case on procedural fairness grounds, because the notice of settlement was deficient with respect to those plaintiffs' claims.

Both the representative plaintiff, Scott Meeking, and the defendant, the Cash Store Inc., sought and were granted leave to appeal the decision to the Supreme Court of Canada. Since that time, the Cash Store and related companies have commenced reorganization proceedings in Ontario...