Judges Without Borders: Multi-Jurisdiction Class Action Proceedings

In a recent ruling from the B.C. Supreme Court, Endean v Canadian Red Cross,1 the Court considered the extent to which judges can cooperate across provincial borders in jointly hearing applications in parallel proceedings located in a single court location. The Endean case follows on a recent Ontario decision on the same subject in Parsons v The Canadian Red Cross Society.2

This case concerned six class proceedings brought in British Columbia, Ontario and Québec regarding persons who were infected with Hepatitis C from the Canadian blood supply between January 1986 and July 1990. A Settlement Agreement was approved in 1999 by orders of the B.C., Ontario and Québec courts and was signed by all of the Canadian provinces and territories. The Settlement Agreement provided ongoing jurisdiction to the Supreme Court of B.C., the Québec Superior Court and the Ontario Superior Court to issue orders necessary to implement, enforce, and supervise the performance of the Settlement Agreement.

The Settlement Agreement established a $1.118 billion fund from which claimants could receive compensation. A court-appointed Administrator was charged with reviewing and deciding claims.

In 2012, Class Counsel filed motions before superior court justices in Ontario, B.C., and Québec for approval of a protocol extending the deadline for filing first claims for benefits from the settlement funds in the Settlement Agreement. Class Counsel proposed that the motions be heard by the three superior court justices in one location, Edmonton, Alberta, in order to increase the efficiency and cost effectiveness of the process.

Then concurrent applications were brought by Class Counsel from B.C., Ontario and Québec for directions from their respective courts on whether a superior court judge could sit in another province to hear an application under the Settlement Agreement. This issue was raised when the Chief Justices of B.C., Ontario and Québec wished to sit...