As predicted, in the wake of Alberta's Class Proceedings Act, proclaimed in force on April 1, 2004, the number and magnitude of class actions in Alberta have continued to surge. Recent amendments passed in 2010 to the certification regime, including in relation to multi-jurisdictional certifications and rendering Alberta an "opt-out" jurisdiction, have continued the trend towards easing the burden on class action plaintiffs in commencing and certifying class actions in Alberta.
This is exemplified by the recent filing of a class action by the Calgary-based JSS Barristers LLP firm on behalf of students whose personal information was allegedly misplaced by the Government of Canada student loans program through the loss of a computer hard drive containing this information. The commencement of this action was quickly reported by major news agencies in Alberta and will, no doubt, garner national attention. We expect that other law firms across the country will be launching similar actions.
While in comparison to more mature class action jurisdictions in the United States, and Ontario, the prevalence of class actions in Alberta remains limited, their frequency has trended steadily upwards. Also trending upwards are the number and sophistication of the plaintiff-side firms commencing these claims. Such firms have followed on the successful models employed by Ontario-based firms like Siskinds LLP. In light of Alberta's growing economic prominence in Canada, as a major centre for business, trade and finance (especially in the energy sector), we expect Alberta to experience rapid growth in the class actions space over the next few years.
This growth will clearly delineate the need for business enterprises in Alberta to significantly elevate their level of sophistication as it relates to class action risks. It will also prioritize the development of sound strategies to mitigate those risks and to defend these claims when they arise. Historically, Alberta businesses have had the luxury of observing the emergence and development of class actions law from a distance. That era has clearly come to an end.
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