Serge Kalloghian

This decision concerns a carriage motion between two proposed securities class actions, Kennedy v. Akumin Inc. and Longair v. Akumin Inc., brought under the amended Class Proceedings Act, 1992.

The court applied the new s. 13.1 of the CPA, which mandates a focus on efficiency and likelihood of success in advancing class members' claims.

The Longair action proposed a broader class period, alleged more categories of misrepresentation, and named additional defendants, including the company's auditor.

The court found that the Longair action better advanced the goals of access to justice and behaviour modification by encompassing more viable claims and defendants, despite some reservations about the claim against the auditor.

Carriage was granted to the Longair action, and the Kennedy action was stayed.

The plaintiff in a proposed securities class action sought an "exclusivity order" to prevent other actions on the same subject matter from being commenced in Ontario without leave of the court.

The defendants did not object.

The court denied the request, emphasizing that Ontario's established procedure for managing competing class actions involves a "carriage motion" once rival claims emerge, rather than a pre-emptive exclusivity order.

The court distinguished the Federal Court's "inclusivity order" in Heyder v. Canada (Attorney General) as not overriding Ontario's endorsed approach.