Class Action Defence Class Action Defence

Saskatchewan Court Approves Third Party Funding Without Notice to Defendants

Should a court hear from a defendant before approving third party funding of a class action against that defendant? As we have previously commented...

Ontario Court Of Appeal Confirms Importance Of Weighing Defence Evidence

The Ontario Court of Appeal recently confirmed the importance of defence evidence when opposing leave to bring statutory misrepresentation claims...

Ontario Court of Appeal Emphasizes Access to Justice over Concerns regarding Individual Issues

The Ontario Court of Appeal in Fantl v. Transamerica Life Canada dismissed an appeal of a Divisional Court ruling, confirming the certification of an...

Consumer Class Actions in respect of Pricing Disclosure: The Québec Superior Court Refuses to Certify a “Drip Pricing” Class Action in Quebec

There have been a number of recent class actions commenced in Canada relating to pricing disclosure – and in particular, the alleged practice of...

Court Reiterates Threshold for Settlement Approval: Class Counsel Must Lead Substantive Evidence on the Reasonableness of the Settlement

In a recent decision by the Ontario Superior Court of Justice, Justice Belobaba reiterated the need for parties seeking court approval of a...

‘No Litigation Should Be Extortionate’: Disqualifying Representative Plaintiffs

A business subject to a class action receives a “without prejudice” letter from a potential class member offering to settle a small personal...

BC Court Refuses to Certify Smart Meter Radio Emissions Class Action

The BC Supreme Court’s recent refusal to certify a class action in Davis v British Columbia Hydro and Power Authority re-affirms that although the...

Fighting On Many Fronts: Court Allows Individual Action To Proceed Alongside Class Actions

In Crider v Nguyen, 2016 ONSC 4400, Justice Perell of the Ontario Superior Court recently dismissed a motion by Zimmer, the manufacturer of a hip...

Defendants Sidelined in Third Party Funding Motion

Justice Perell’s July 7, 2016 decision in Berg v. Canadian Hockey League is the most recent development in the evolving law surrounding the role of...

No More Kicks at the Discovery Can: Motion to Examine CEO Second Witnesses Denied

On July 5, 2016, Justice Perell of the Ontario Superior Court released a decision in Fischer v IG Investment Management Ltd., which (among other...