US Discovery For Canadian Class Actions

Law360, New York (March 5, 2010, 1:21 PM EST) -- In Canadian class action proceedings, class discovery generally does not begin until after there has been a ruling on class certification. This, however, has not stopped Canadian plaintiffs from heading south in an effort to gain early access to discovery evidence produced in parallel class proceedings taking place in the United States.

Their goal is simple: to gain access to documents that Canadian plaintiffs could not obtain through the Canadian legal system at the current stage of their own litigation (i.e., preclass certification).

This new tactic...
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