As noted in Silver v. IMAX Corp., 2011 ONSC 1035, overlapping class actions can be complementary and ensure proper access to justice for those members. While dealing with somewhat different circumstances, the words of Corbett J. at para. 65 seem applicable here: “…Perhaps the lawyers view the proceedings as “competing”. The courts do not. The proceedings are and should be complementary, to achieve a proper vindication of the rights of plaintiffs, fair process for the defendants and plaintiffs, respect for the autonomous jurisdictions involved and an integrated and efficient resolution of claims. This requires common sense, judicial comity and fair process. It does not require balkanization of class proceedings, but rather sensitive integration of them.”
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