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Old 09-20-2007, 12:16 PM   #6
fredr123
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I have no experience with Class Proceedings but I would point out that the Certification judgment noted by ken is in Saskatchewan. The judgment identifies both a resident and non-resident classes.

With respect to class actions in Alberta, generally, you may want to check out this link from Osler: http://www.osler.com/resources.aspx?id=8641

It would appear that under the Class Proceedings Act in Alberta, as opposed to other provinces, costs are not limited to the representative plaintiffs:

Costs: Parties in an Alberta class proceeding will be subject to pay legal costs and disbursements under the usual, loser-pay rules applicable to most proceedings in Alberta. Here, the Act departs from the recommendations of the Alberta Law Reform Institute. Legislation in Ontario and elsewhere expressly holds representative plaintiffs, but not individual class members, liable for costs of litigating the common issues. The Alberta law is currently silent on this distinction.


The possibility of a large costs award against an individual plaintiff is sometimes argued to be a deterrent to commencing class proceedings. Whether such a disincentive can be neutralized through creative funding techniques, or the use of a non-profit corporation as a representative plaintiff, are questions the Alberta courts will eventually have to answer.
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