Class Action Case Study: From Certification to Trial in Jer V Samji

Abstract: Relatively few Canadian class action cases ultimately go through to trial. In British Columbia, the Jer v Samji litigation presents a useful case study on effectively managing massive multi-party litigation. A complex fraud perpetrated by a notary resulted in more than fifty lawsuits, including a class proceeding, multiple individual actions, a bankruptcy, and regulatory litigation. The resulting intensive case management approach established a process for efficient adjudication and settlement of all matters within three years, including trial and appeal. Following a detailed review of the proceedings, the author outlines practical lessons learned and suggests some best practices for dealing with future complex multi-party events based on this real-world experience.