Class Action Defence Class Action Defence

No need for a “Plain Jane Plaintiff”: Pre-Certification Discovery and Challenging the Representative Plaintiff

Just how “representative” should a representative plaintiff be? That question was at the heart of a pre-certification discovery motion in...

Lessons from privacy breach class action settlement in Canada

The case suggests that class members must be prepared to demonstrate actual harm suffered arising from a privacy breach in order to receive...

Who is a Consumer? Consumer Protection Claims Where Consumers Cannot be “Objectively” Identified

A developing line of British Columbia certification decisions provides a strong basis to resist certification of consumer protection claims where the...

When Class Members Oppose A Class Settlement: B.C. Court Approves Settlement Despite Objections Of Certain Class Members

In Jones v. Zimmer GMBH, 2016 BCSC 1847, Justice Bowden of the B.C. Supreme Court recently approved settlement of a class action despite the...

When Class Members Oppose A Class Settlement: B.C. Court Approves Settlement Despite Objections Of Certain Class Members

In Jones v. Zimmer GMBH, 2016 BCSC 1847, Justice Bowden of the B.C. Supreme Court recently approved settlement of a class action despite the...

Taking the Show on the Road: Class Action Judges Can Sit Outside their Province

The Supreme Court of Canada held in Endean v. British Columbia that superior court judges in British Columbia and Ontario have broad statutory...

“Impermissible Attempt” to Avoid Restrictions on Secondary Market Class Actions Rejected by Court of Appeal for Ontario

The Court of Appeal for Ontario has recently confirmed that the Securities Act provides a circumscribed route for class actions alleging secondary...

Appellate Court Splits On Evidentiary Threshold For Certification

Evidence is required to establish “some basis in fact” for the procedural preconditions to certification. This requires certification...

Data Breach: Hackers are the “Real Villains” & Minimal Harm to the Class

In a recent development in data breach class actions in Canada, Justice Perell of the Ontario Superior Court of Justice, while approving the class...

Data Breach: Hackers are the “Real Villains” & Minimal Harm to the Class

In a recent development in data breach class actions in Canada, Justice Perell of the Ontario Superior Court of Justice, while approving the class...