KOHLER v APOTEX INC, 2015 ABQB 610
2.10: Intervenor status
2.7: Amendments to pleadings in class proceedings
2.9: Class proceedings practice and procedure
3.62: Amending pleading
4.36: Discontinuance of claim
The Plaintiffs sought certification of a multi-jurisdictional Class Proceeding. Associate Chief Justice Rooke held that the Plaintiffs were permitted to discontinue the Action against one of the Defendants. His Lordship noted that, pursuant to Rule 4.36, a Plaintiff is typically able to discontinue an Action against a party, subject to Costs. His Lordship noted that this is qualified in a Class Proceeding as Court permission is required to discontinue an Action.
Associate Chief Justice Rooke also considered whether materials submitted by the Plaintiffs in a parallel Ontario Action ought to be considered in the Alberta Class Proceeding. His Lordship noted that Rule 2.9 provides the Court with wide procedural latitude in a Class Action, but also found that the Court expects parties that receive a Notice to conform to Alberta procedural practices. In this matter, the Ontario Plaintiffs failed to seek Intervenor status under Rule 2.10. Without Intervenor status the Ontario Plaintiffs would not be able to file materials or make submissions. Nevertheless, the Ontario Plaintiffs were able to make submissions as all other parties consented to them being granted Intervenor status at the certification hearing, and the Court agreed to do so. The Action was certified as a multi-jurisdictional Class Proceeding.View CanLII Details