Class Action Defence Class Action Defence

Whoa…Not so Fast…Emerging Limits on the Certification of Privacy Class Actions

Canadian courts have generally adopted a liberal and purposive approach to class action certification, and this approach has applied equally to the...

Will A Big Cost Award in a Securities Class Action Change Reasonable Expectations for All?

Justice Strathy, now the Chief Justice of Ontario, recently awarded plaintiffs more than $2.679 million in costs for their motion for certification...

Balancing Access to Justice and Judicial Efficiency in Carriage Decisions

As we have discussed before, Canadian courts are grappling with a number of considerations involved in multijurisdictional class actions. Justice...

Pre-Certification Right to Cross-Examination Across Canada

The recent British Columbia Supreme Court case Cantlie v Canadian Heating Products Inc. highlights procedural differences across Canadian...

Attempt To Revive Failed Certification Fails

What happens when a change in the law arguably gives fresh life to a previously failed certification motion? Justice Perell reminds us in the latest...

Avoiding Settlement Stumbling Blocks, Part Two: Continuing Concerns Over “Sweetheart” Deals

In an earlier post from February, we wrote about the decision in Leslie v. Agnico-Eagle Mines, where Justice Belobaba’s expressed significant...

Court Clarifies Underwriters’ Exposure to Securities Act Claims

In his April 27, 2016 judgment in LBP Holdings v Allied Nevada Gold Corp., Justice Belobaba of the Ontario Superior Court of Justice refused to add...

Ontario Superior Court Dismisses Intervention Motion in Respect of Distribution of Approved Settlement

In his April 21, 2016 decision in Parsons v. The Canadian Red Cross Society, Justice Perrell of the Ontario Superior Court refused to allow an...

Carbon Copy Class Actions Stayed for Abuse of Process

On March 14, 2016, the decision Hafichuk-Walkin v. BCE was rendered by the Manitoba Court of Appeal, dismissing the appeal, thereby confirming the...

Ontario Court Confirms Threshold for Leave for Secondary Market Securities Class Actions

In its recent decision in Bradley v Eastern Platinum Ltd., 2016 ONSC 1903, the Ontario Superior Court of Justice denied leave to commence a secondary...