Flexibility in “first-to-file” rule a positive move

December 12, 2012


The Quebec Court of Appeal’s move to temper the “first-to-file” rule is a step in the right direction, says Toronto class action lawyer Alan Farrer.

“It will likely curb poorly-developed, hastily and tactically-drafted claims. However, the court’s decision still rewards speed in filing and will likely continue to limit the court’s ability to fully consider the best interests of class members,” says Farrer, managing partner with Thomson Rogers.

The first-to-file rule, also known as the Servier rule, has been used in Quebec since the late ‘90s when the courts are faced with two motions for authorization seeking to represent the same class for the same cause of action, Legal Post report.

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