December 2007


Class action proceedings in Alberta are in their emerging stages. Although bringing representative actions has long been possible, it is only recently that the procedure has been refined and facilitated. Alberta's Class Proceedings Act received Royal Assent on 16 May 2003 and was proclaimed in force 1 April 2004. Since its proclamation, there have not been any cases that have progressed to judgment. Rather, the bulk of decisions address how the Class Proceedings Act will be interpreted in regard to the important certification stage of any action. These decisions provide similar direction respecting certification as the Class Proceedings Act is explicit in certification requirements and as a result of the limited number of judges assigned to hear class actions decisions. Some important aspects of the Act, such as which action should proceed when there are competing class actions, have yet to be judicially considered. In such cases, Alberta courts have taken guidance from other jurisdictions who have similar legislation and from the Alberta Law Reform Institute Final Report on Class Actions. Although similarities to legislation in other Canadian jurisdictions are profuse, Alberta has distinguished itself by its purposive approach to the legislation, the specific considerations that a judge must have in mind when deciding whether a proceeding should be certified and on the issue of costs.