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GILBERTSON DAVIS EMERSON LLP BARRISTERS AND SOLICITORS practice restricted to CIVIL LITIGATION, INSURANCE LAW Angela Emerson John L. Davis John L. Davis Professional Corporation Richard Hayles R. Lee Akazaki Jody W. Iczkovitz Larry C. Henry Mary-Catherine Lill Counsel: James E. Adamson 20 Queen Street West, Suite 2020 Toronto, Ontario M5H 3R3 Tel: (416) 979-2020 Fax: (416) 979-1285 email: office@gilbertsondavis.com lbertson_CL_July_09.indd 1 LEGAL REPORT: LITIGATION action in Quebec. The second, about six weeks later, informed Quebecers about a settlement reached among Canada Post, Cybersurf, and "the plaintiffs in a class action in Ontario and British Columbia." In assessing the case, and in rejecting Canada Post's appeal of the Quebec courts' judgments, the Supreme Court ruled the Ontario notice "contravened the fundamental principles of procedure" in class actions. "The Ontario notice was likely to confuse its intended recipients, as it did not properly explain the impact of the judgment certifying the class proceeding on Quebec members of the national class established by the Ontario Superior Court of Justice," Justice Louis LeBel wrote in the top court's ruling. "It could have led those who read it in Quebec to conclude that it simply did not concern them." At the same time, the Supreme Court considered the Cross-Border Litigation Interjurisdictional Practice 6/15/09 1:08:36 PM and Procedure Guidance on all aspects of cross-border litigation for inter-provincial, international and multiple jurisdictions Cross-Border Litigation: Interjurisdictional Practice and Procedure offers practical guidance on all aspects of cross-border litigation, covering everything from deciding where to commence litigation to enforcement of a judgment. It is an excellent handbook to help you understand the legal considerations involved and map out the right course of action. question of which action began first. Because the Quebec court didn't certify Lépine's case until after the Ontario judge approved the settlement there, Canada Post argued lis pendens, the notion that a lawsuit is pending, bolstered its bid to apply the agreement in Quebec. But the Supreme Court ruled certi- fication was not necessary for a class action to be considered pending since Lépine had nevertheless filed his suit. "Like the contravention of the fundamental principles of procedure, the lis pendens situation precluded judicial recognition of the deci- sion of the Ontario Superior Court of Justice," wrote LeBel. The decision means Lépine can continue his bid for com- pensation in the Quebec courts. But in doing so, the Supreme Court skirt- ed substantively tackling the issue of national classes, something lawyers and litigants have been looking for clarity on as disputes such as the Canada Post one arise. It did, however, acknowledge the problem of overlapping lawsuits. "This case shows that the decisions made may sometimes cause friction between courts in different provinces. . . . However, the provincial legislatures should pay more attention to the framework for national class actions and the problems they pres- ent." For his part, Unterberg argues the This resource includes time saving features such as a decision tree to help analyze where a case should be litigated, appendices with related Hague Service Conventions and a glossary of terms. ORDER your copy today Hardbound • 424 pp. • June 2009 • $115 P/C 0291010000 • ISBN 978-0-88804-484-6 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. 46 JULY 2009 www. C ANADIAN Law ye rmag.com MacDonald_CBL (CL 1-3sq).indd 1 6/11/09 9:54:34 AM CL0709 ruling actually bolsters the notion of national classes since the court clarified the lis pendens question. "Whoever is fastest, first-come first-served," he says, insisting an action filed earliest in one jurisdiction would now likely take prece- dence over lawsuits launched elsewhere. "I believe that that's the most efficient system." But other lawyers aren't so sure, partic- ularly given that the top court's decision doesn't specifically authorize national class actions and instead leaves the issue to politicians to settle. For her part, Kenneth C. MacDonald