To certify or not to certify: third parties, necessary parties, and the certification of class actions in common law Canada

• Author: Lauren M. Lee
• Position: Received her Juris Doctor from the Peter A. Allard School of Law at the University of British Columbia
• Pages: 159-183

159

To Certify or not to Certify: Third Parties, Necessary

Parties, and the Certification of Class Actions in

Common Law Canada

Lauren M. Lee

: Canadian common law courts have taken a handful of

approaches in class certification proceedings where third or necessary

parties are involved. The caselaw demonstrates that Canadian common

law courts have generally been less willing to certify class actions where

third parties are involved or where necessary parties have not been named

as defendants in the main action. The Ragoonanan rule may also inci-

dentally prevent class certification where there are third or necessary par-

ties. In this paper, the three principal goals of class actions are reviewed

and applied to class certification proceedings involving third or necessary

parties. Considering the principals of class actions, should the existence

of third or necessary parties prevent the certification of a class action?