Below is the first part of an article regarding Max Munoz and Scott Kugler posted on Lexology.com. It reads…
In an important decision regarding multi-jurisdictional class actions, the Manitoba Court of Appeal (the “Court”) in Meeking v. The Cash Store Inc. et al,.1 confirmed a new presumptive connecting factor for jurisdiction based on the existence of a “common issue” between resident and non-resident plaintiffs. The Court also refused to enforce part of a court-approved settlement in a previous action against the same defendants on the basis that the notice to class members was inadequate. In so doing, the Court upheld the enforceability of multi-jurisdictional class actions, but served notice to the profession that such actions will only be enforced if the notices to class members are comprehensive and fair.
History of the Case
Meeking was a proposed class action that was commenced in Manitoba by a resident of Manitoba against The Cash Store and Instaloans in respect of allegedly illegal interest rates on short term loans. The claims asserted in Meeking had previously been the subject of a class action in Ontario that was certified and settled.