Canadian Lawyer

REGIONAL WRAP-UP ATLANTIC C Nova scotia sets up its oWN class actioNs registry Bar Association's national database. The s for the court to have con- lass actions in Nova Scotia will now be recorded in a provincial registry as well as the Canadian primary intent is to help the court and the public. "It' trol. They want to be aware of compet- ing actions and dormant actions," says Ray Wagner, a personal injury firm in Halifax. "It's the founder of Wagners, unlikely in any province that you will have competing judgments but it could happen. This will protect the judges from conflicting judgments that could cause embarrassment to the court." The court is also hoping to appease the not find any other information about the matter on the court web site, is also right. "At this stage, there are a limited number of class proceedings in the province, so if we were going to create one, it seemed wise to do that now rather than waiting, The timing for a class actions registry " she notes. public. The CBA website, which contains a national registry of class actions, is dif- ficult for non-lawyers to navigate, notes Linda Cleveland-Thompson, publica- tion manager with the Executive Office of the Nova Scotia Judiciary in Halifax. As well, Nova Scotians expect to find this information on The Courts of Nova Scotia web site. Cleveland-Thompson points to the court webcast of the class certification in a matter related to the Sydney Tar Ponds. "But then those who watched it discovered that they could all the same information that will be in the new Nova Scotia registry, there are potential issues with relying on that national site. "The compliance rate to file in the CBA database is sporadic," says Wagner. "There are a number of lawyers that don't comply. "Some people are fearful of filing this While the CBA database provides " said Cleveland-Thompson. material because of copycat actions," he adds. There is also no relying on the CBA site long-term. "Although the CBA pilot project has continued past the two-year pilot project mark, it is voluntary in most provinces, and if they should choose to shut it down in the future, it would become more onerous to step in," says Cleveland-Thompson. The Nova Scotia Supreme Court's amendment to Civil Procedure Rule Group Co., claiming mistakes with her telephone listing that went on for more than two years have cost her money and hurt her business. "I suffered economic loss during the 30 months because the number of new clients decreased as did my income," Bryan wrote in a letter to The Chronicle Herald, which she shared with Canadian Lawyer. "Also," she noted, "the lack of a presence in the phone book result- ed in the loss of my real estate practice altogether and it is not finan- ena Bryan is seeing red over a mix-up with the Yellow Pages. The Pictou, N.S., lawyer has filed a lawsuit in the Supreme Court of Nova Scotia against Bell Aliant and the Yellow Pages 6 A U GUST 2012 www.CANADIAN Lawyermag.com PHONE SNAFU LANDS LAWYER IN COURT D Ray Wagner says Nova Scotia is setting up its registry because the national one is sporadic. 68.03 establishing the provincial Registry of Class Actions does not place an oner- ous burden on lawyers. Copies submitted to the national CBA database will suf- fice. However, it is not clear exactly what documents are required. The Nova Scotia legislation says lawyers "must" deliver the information 10 days after the proceeding starts, notes Wagner, "but it is not clear what needs to be filed. It is not clear if the statement of claim is mandatory. registry is believed to be only the second in the country. Quebec established its own in 2009. Nova Scotia's provincial class actions " donalee@quantumcommunications.ca — DONALEE MOULTON cially feasible to try to resume that practice." The problems apparently started when Bryan, who has practised law for more than two decades in Pictou County, moved her office in 2008. In her statement of claim, Bryan noted that the new phone listing was changed from Bryan, J. Dena to J D Bryan Law in one local directory and was omitted altogether from another. As well, directory assistance initially did not provide callers with her new num- ber, then stopped providing any number at all, Bryan said. "As a result of the numerous errors and omissions by Bell Aliant

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