The Guiding Principles Regarding the Constitution of a Representative Defendant and a Class in Class Action Proceedings


By William E. McNally and Barbara E. Cotton

The Albertan Context
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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