Reinstating Default Case Management in Class Actions
CBABC asks the Supreme Court of BC to help ensure timely access to justice
Members of the Canadian Bar Association, BC Branch are asking the Supreme Court of BC to reinstate default case management of class actions.
Back in 2023, the Court amended certain practice directions, which eliminated the longstanding rule that class actions automatically received judicial case management. Now, parties must formally request it.
Without default case management, B.C. is the sole outlier among provinces where class actions are commonly litigated.
The Class Action Section Executive led the preparation of a submission and consulted with its members, class action lawyers with firsthand experience of the impacts of these changes. CBABC wrote to the Court earlier this year, arguing that restoring default case management would reduce delays and help ease the burden on the Court and parties involved.
Chief Justice Ronald Skolrood has since acknowledged CBABC’s recommendation, noting it would be considered during the Court’s broader case management review.
What was in the submission? CBABC emphasized that class actions are not ordinary proceedings. They can bind thousands -- or even millions -- of Canadians beyond the parties directly involved. Often spanning multiple jurisdictions, these cases require coordination across courts and can continue for many years.
As a result, class actions are inherently complex. Defendants in different jurisdictions are typically represented by separate counsel, and the proceedings often involve novel claims and preliminary disputes over jurisdiction.
CBABC identifies three key reasons why early case management is essential:
- First, the effective coordination of class actions that span multiple jurisdictions in Canada depends on case management. The judicial protocol that governs these types of class actions assumes that case management is in place in each jurisdiction. However, while case management is the default in Ontario and Quebec, it is not in B.C.
- Second, appointing a case management judge early allows them to build a strong understanding of the case and make informed decisions about procedural matters, such as what applications to hear, when to hear them and in what order.
- Third, case management helps establish a clear schedule in class action lawsuits, especially as class actions approach certification. A judge who understands the case history can minimize delays, ensure fairness, and support timely access to justice.
CBABC emphasized that the absence of case management wastes valuable Court resources and creates inefficiencies. Reinstating it would streamline proceedings, reduce confusion and allow judges to manage their time more effectively.
The Supreme Court of Canada has called for a “culture shift” to promote timely, affordable access to civil justice. Restoring default case management of class actions is another step toward that goal.
