Class Action Defence Class Action Defence

Alberta Court of Appeal affirms finality of class action settlements

The Alberta Court of Appeal recently affirmed the fundamental importance of finality in class actions, particularly the finality of settlement...

Court of Appeal upholds decision to put the brakes on the preferability of class actions

In upholding a decision of the Supreme Court of British Columbia denying certification, the British Columbia Court of Appeal in Vaugeois v. Budget...

Are Authorization and Preliminary Hearings Still Relevant in Québec?

The Québec class action landscape has seen shifting trends lately regarding authorization and preliminary motions. Although the Québec Court of...

Recent Decision Increases Class Action Risk for Companies that Utilize Pre-Installed Software and Adware

In modern commerce, it is quite common for manufacturers and service providers to pre-install software on a consumer’s computer and mobile...

Saskatchewan Court of Appeal clarifies the role of out of province representative plaintiffs

In Ammazzini v Anglo American PLC, 2016 SKCA 164, the Saskatchewan Court of Appeal clarified the rights of an out of province representative...

When can a defendant appeal from the authorization of a class action? The Québec Court of Appeal rules

The new Code of Civil Procedure, in force since January 1^st, 2016, brought important changes to the class action regime. By the...

No “ransom fees” allowed: Class action fee sharing agreement rejected

Can class counsel enter into “fee sharing agreements” in order to avoid carriage motions and stay late arriving rival class actions? In...

Cold Shoulder: BC Court Denies Certification Finding No “Identifiable Class”

A recent decision by the British Columbia Supreme Court denying class certification illustrates the Court’s continued insistence on the...

Québec Courts Streamline Multijurisdictional Class Actions

As a result of Canada’s federal system, it is common for a defendant to face multiple class proceedings filed in various provinces in respect...

“Who Did I make a Deal with?”: Quebec Court Authorizes Consumer Class Action for False Representations Against a Franchisor

In the recently decided case Cantin c. Ameublements Tanguay inc., 2016 QCCS 4546 (the “Cantin Case”), the Superior Court of Quebec...