To Certify or not to Certify: Third Parties, Necessary Parties, and the Certification of Class Actions in Common Law Canada

Canadian common law courts have taken a handful of approaches in class certification proceedings where third or necessary parties are involved. The caselaw demonstrates that Canadian common law courts have generally been less willing to certify class actions where third parties are involved or where necessary parties have not been named as defendants in the main action. The Ragoonanan rule may also incidentally prevent class certification where there are third or necessary parties. In this paper, the three principal goals of class actions are reviewed and applied to class certification proceedings involving third or necessary parties. Considering the principals of class actions, should the existence of third or necessary parties prevent the certification of a class action?