Canadian Lawyer

48 F E B R U A R Y 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m L E G A L R E P O RT \ L I T I G AT I O N class actions when stays of proceed- ings are requested in Quebec, Martin- eau says that the provision is simply a "codification" of the principles that were already applied in Quebec courts. Today, more and more, "you will see courts co-operating between them- selves" in multi-jurisdictional class actions, he notes. "Each judge . . . will communicate with judges in charge of a class action" on the same matter, he says. "One judgment will have impact" and litigants in other jurisdictions will generally abide by that judgment. Agarwal is also noticing a "modifi- cation of the rules" when plaintiffs co- operate in class actions. For example, he says, Ontario has a cost regime whereas British Columbia does not, and plain- tiffs may decide to bring an action in Ontario but stipulate that it be a no-cost regime, as in B.C. Uneasy alliance For defendants' counsel, Agarwal says, "We're seeing a lot of co-operation among plaintiffs' lawyers, and the result is everyone's come to an uneasy alli- ance." But there remain pockets of non- co-operation among plaintiffs' lawyers, where defendants face class actions on the same issue in more than one com- mon-law province, he says. "I think now defendants might . . . use the rules of the court and say, 'I'm going to become a more aggressive party so that my client is only facing one action as opposed to three or four actions.'" Look for defendants' counsel asking the court to make rulings "as to how this is going to operate" if plaintiffs aren't co-operating with each other, he says. "I think we may be in for a little more aggressive manoeuvering by defendants as time goes on," with defendants mov- ing on their own to stay actions or mov- ing under s. 6 in Saskatchewan's Class Actions Act for an order for direction in how to manage the actions, in cases where plaintiffs are not co-operating with each other across jurisdictions. Other class action litigation issues of concern to defence counsel are not specifically multi-jurisdictional. I THINK NOW DEFENDANTS MIGHT . . . USE THE RULES OF THE COURT AND SAY, 'I'M GOING TO BECOME A MORE AGGRESSIVE PARTY SO THAT MY CLIENT IS ONLY FACING ONE ACTION AS OPPOSED TO THREE OR FOUR ACTIONS.' RANJAN AGARWAL, Bennett Jones LLP Get up to speed. Get down to business. With Practical Law Canada's expertly written resources, you get time-saving legal know-how that lets you respond faster to client requests, quickly familiarize yourself with new practice areas, and stay on top of key changes in the law. thomsonreuters.ca/practicallaw © 2017 Thomson Reuters Canada 00249ED-90333-NP The fearless confidence that only comes from trusted answers. ntitled-6 1 2018-01-19 1:11 PM

• Cover