Class Action Training Program | Session 5: After Certification and Authorization: Key Motions and Strategic Considerations (LEG00363)

Overview

Delivery method

Virtual classroom

Duration

1.5 hours

Audience

Legal Professionnals

Description

Please note that this course is open to Justice Canada legal professionals only (lawyers, notaries who are members of the Chambre des notaires du Québec and paralegals).

This program is designed to provide practical, end-to-end training on class actions. It will consist of 10 sessions covering the full lifecycle of a class proceeding, from early strategy and certification through to common issues trial, settlement, and implementation. The program is open to all counsel and paralegals, particularly those looking to build expertise in this area, as well as anyone seeking to deepen their understanding of this complex and evolving field.

Session 5: This session examines the strategic and procedural issues that arise after certification or authorization. Participants will explore how post-certification and interlocutory motions can shape the course of a class proceeding, influence the scope of discovery, narrow or expand the issues for adjudication, and create opportunities for early resolution.

Topics will include litigation plans and case protocols, notice to class members, pleadings and motions for particulars, third-party claims, discovery and examination of class members, amendments to certification orders, motions to strike, sequencing and bifurcation, and summary judgment or summary trial motions.

The session will also highlight strategic considerations for Crown counsel in managing complex class proceedings and positioning cases for efficient and effective resolution.

Learning Objectives / Topics covered

The training session will cover the following topics:

• Developing and reviewing litigation plans and case protocols, including strategic sequencing, critical paths, and case management considerations;
• Post-certification notice requirements, including notice plans, opt-in/opt-out regimes, and practical considerations in designing effective and proportionate notice programs;
• Statements of defence, demands and motions for particulars, and third-party claims;
• Strategic post-certification motions, including sequencing or bifurcation of issues, preliminary determinations, and amendment or reconsideration of certification/authorization orders;
• Documentary production, discovery planning, affidavits of documents, and examinations for discovery;
• Discovery of representative plaintiffs and motions to examine additional class members;
• Motions to strike, abuse of process motions, and other procedural mechanisms to narrow or challenge claims after certification;
• Summary judgment, summary trial, and other summary disposition procedures, including strategic considerations for bringing or defending such motions in class proceedings;
• Practical approaches to managing complex class proceedings in common law jurisdictions and Quebec.

Client: Civil Litigation Section in collaboration with the Centre of Expertise for Learning and Professional Development (CoELPD).

Registration deadline: 5 working days prior to the course date.

Participants are responsible for adding their training activities to their Outlook calendars.

Cancelling your registration: Simply log into your JUScampus account and select "Unregister" from this event page.

Accommodation Measures: The Department of Justice is committed to an inclusive, barrier-free learning environment. If you need workplace accommodations to fully participate in this training, contact your manager or the Centre for Workplace Access-Ability, Health and Wellness (CWAHW). Please note, the CWAHW requires at least 72 hours to respond.

Please contact the Centre of Expertise for Learning and Professional Development (CoELPD):

• For training material, at least 5 business days before the training session if needed in advance.
• To flag any other requests or accommodations needs, at least 10 business days before the training session.
• For more information or if you have any issues with this course.

For information about the continuing professional development (CPD) hours for this course, please consult the 2026 Accreditation Summary.

If you have questions concerning the accreditation process, please contact our accreditation team by email (Accreditations@justice.gc.ca).