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Recognition and Enforcement of U.S. Class Action Decisions in Canada
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Date: December 1 2006 |
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Class actions involving international classes are increasingly common. Particularly in cases where the plaintiff class is largely made up of consumers, U.S. class action counsel often include both U.S. and Canadian consumers similarly situated within the plaintiff class. The Ontario Court of Appeal (the highest court in Ontario, subject only to the Supreme Court of Canada) recently considered when a judgment in a U.S. class action, including Canadians within the plaintiff class and purporting to decide the claims of such Canadians, will be recognized and enforced in Ontario. This decision is likely to be persuasive in all Canadian common law provinces (all provinces except Quebec). Therefore, references below will be to recognition and enforcement in common law Canada, rather than only Ontario...
Originally published in International Law News, Volume 35, No. 1, Winter 2006 © 2006 by the American Bar Association.
Reprinted with permission in National Credit News Journal, Volume 12, No. 10, December 2006 © 2006 by National Credit News Inc.
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