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By William E. McNally and Barbara E. Cotton
Interesting things have been
happening in Alberta recently regarding class
action proceedings. Alberta is handicapped to a
certain extent in that it does not have class
action legislation to guide procedures akin to
that in Ontario, British Columbia, Quebec and
Saskatchewan, for example. Rather, Alberta must
rely on Rule 42 of the Alberta Rules of Court to
provide the basic framework for a class action
proceeding, which is advanced by way of a
representative action. In the absence of
legislation, however, the courts have been
articulating a blueprint for class action
proceedings in Alberta.
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