When does an action become a class action? The answer depends on what jurisdiction the Plaintiff has advanced her claim, as illustrated by the recent decision of the Manitoba Court of Appeal in McLean et al v Canada (Attorney General),[1] in which the Court was called upon to decide whether a notice of discontinuance was governed by the Court of Queen’s Bench Rules[2] or subject to section 35(1) of Manitoba’s Class Proceedings Act.[3]

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