Akhtar et al. v. MacGillivray & Co., Alberta Securities Commission, Alberta and Ram Mortgage Corp. (1973) Ltd. et al., (1984) 55 A.R. 206 (QB)

• Judge: Hope, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 17, 1984
• Citations: (1984), 55 A.R. 206 (QB)

Akhtar v. MacGillivray & Co. (1984), 55 A.R. 206 (QB)

MLB headnote and full text

Akhtar et al. v. MacGillivray & Co., Alberta Securities Commission, Alberta, Province of and Ram Mortgage Corporation (1973) Ltd. et al.

(8203-45790)

Indexed As: Akhtar et al. v. MacGillivray & Co., Alberta Securities Commission, Alberta and Ram Mortgage Corp. (1973) Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Hope, J.

May 17, 1984.

Summary:

A group of term note purchasers brought a class action in negligence against the company issuing the notes, among others. The defendants, disputing the right to a class action, applied under Rule 129 to strike out of the purchasers' statement of claim all references to the class action. The defendants also applied under Rule 43 for an order denying the plaintiffs authorization to sue in a representative capacity.

The Alberta Court of Queen's Bench allowed the application and held that a class action could not be maintained, because, inter alia, there was no common fund or common right.

Practice - Topic 209

Persons who can sue and be sued - Individuals - Status or standing - Class or representative actions - The Alberta Court of Queen's Bench held that a class action was permitted only where there were numerous plaintiffs, a common fund or the assertion of a common right, success for one of the class meant success for all, and no individual assessment of the claim of an individual plaintiff was necessary because personal circumstances were insignificant - See paragraph 4.

Cases Noticed:

Goodfellow v. Knight et al. (1977), 5 A.R. 573 (Alta. C.A.), ref'd to. [para. 3].

Statutes Noticed:

Rules of Court (Alta.), rule 42 [para. 2].

Counsel:

Rostyk Sadownik, for the plaintiffs;

Hugh J.D. McPhail, for the defendants other than Copping;

B.T. Daly, for the defendant Copping.

This application was heard before Hope, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on May 17, 1984.