Three years after the CBA’s Class Action Task Force completed its protocol on multi-jurisdictional case management, the task force has been reconvened, with Sylvie Rodrigue of Torys at the helm. We asked her some questions about the renewed initiative:
Q: Why is the CBA Class-Action Task Force being reconvened now? Is it in response to something particular?
A: The CBA Task Force has reconvened on the eve of the third year anniversary the release of the 2018 Judicial Protocol for the management of multi-jurisdictional class actions. The goal is to assess if an update is required at this time. It is not in response to anything in particular other than the case law has evolved and some jurisdictions have amended their class action legislation since the release of the Protocol which may or may not require some revisions or additions.
Q: Who sits on the task force?
A: The members of the Task Force represent class action counsel from both the plaintiff and defense bar across the country, the in-house community and the judiciary.
Q: Is there a specific deliverable/deliverables you’ll be working on?
A: Not for now. We want to collect more data and canvass the class action bar and bench before determining if a revised Protocol should be released. At this point, it is anticipated that if a revision is required, it would be released in 2022.
Q: Why is the work of the Task Force important?
A: For over a decade, the work done by the Task Force has been at the forefront of the development of policies and best practices for managing multijurisdictional class actions across the country. Legislative reforms in some provinces have been based on its work. The 2011 Judicial Protocol and the 2018 revised version have contributed to increased cooperation and communication between counsel and the courts. The 2018 Protocol has been adopted in the practice directions of many provinces and by the Federal Court.