Class Action Defence Class Action Defence

Arbitration clauses and class actions: the cross-border dialogue continues in light of recent SCC and SCOTUS jurisprudence

The policy rationales that underpin enforcing arbitration agreements may potentially be at odds with those underpinning the class actions regime....

A new chapter for novel claims in class proceedings

Last year, the Supreme Court of Canada signalled an important shift in how courts should approach motions to strike pleadings based on novel causes...

Ontario and Québec courts hold joint hearing in multijurisdiction class actions

In Brazeau v Canada (Attorney General), the Ontario and Québec courts heard identical motions for a distribution protocol and individual issues...

Ontario court won’t approve class action settlement without detailed evidence supporting interests of the class

Judges asked to approve class action settlements must determine whether that settlement is in the “best interests of the class.” The...

Ninth Circuit holds that whistleblower allegations qualify as corrective disclosure in securities class action

In re Bofl Holding, Inc. Securities Litigation, a decision released on October 8, 2020, the U.S. Court of Appeals for the Ninth Circuit (the...

Competition Bureau confirms that it will not pursue no-poaching and wage-fixing agreements between competitors under the criminal provision of the Competition Act

The Competition Bureau issued a statement confirming that no-poaching, wage-fixing, or other buy-side agreements between competitors are subject to...

New dimensions of preferable procedure: “jurisdictional preferability” and multijurisdictional class proceedings

In order to be certified, a proposed class proceeding must be deemed the “preferable procedure” for resolving the plaintiff’s...

Plaintiffs’ offers to settle certification motions in the Ontario Superior Court: Rule 49 is an “Ill Fit”

After a contested certification motion in the Ontario Superior Court of Justice, the losing party is typically required to pay the successful...