Background: The Varley Action was a national class proceeding related to the "60's Scoop," focusing on claims against the Federal Crown for Métis and Non-Status individuals taken from Indigenous families. The Tanchak Action, filed in 2016, proposed a class action covering Status, Inuit, Non-Status, and Métis individuals. The Varley Plaintiffs sought standing to stay the Tanchak Action against the Federal Crown, arguing it was an abuse of process due to overlap.

Legal Issues: The issues were whether the Class Proceedings Act (CPA) precluded the Varley Plaintiffs from seeking a stay and whether they should have public interest standing.

Legal Arguments:

• Section 3.1 of the CPA: The plaintiff argued the CPA precluded the Varley Plaintiffs from seeking a stay. The Varley Plaintiffs countered, seeking a stay for abuse of process, which they argued should not be constrained by the CPA.
• Public Interest Standing: The Varley Plaintiffs sought standing, highlighting a serious issue, genuine interest, and reasonableness of their suit. The plaintiff argued the issues should be resolved during certification.

Decision:

• Section 3.1 of the CPA: The court found the CPA did not preclude the Varley Plaintiffs from seeking a stay for abuse of process.
• Public Interest Standing: The court granted standing to the Varley Plaintiffs, recognizing their genuine interest, the serious issue, and the application’s reasonableness.

Outcome: The court granted the Varley Plaintiffs standing for abuse of process and future sequencing applications. The judgment did not award any specific costs or damages, focusing on procedural issues??.