Craig Lockwood Craig Lockwood

Too many men on the ice – court imposes cost consequences on “over-pleaded” class action

Justice Perell’s costs decision in Berg v. Canadian Hockey League, 2017 ONSC 5382 is a stern warning that, in certification motions,...

Ontario Court says auditor is liable to “its client’s clients” for investment losses

In the recent decision of Lavender v. Miller Bernstein, Justice Belobaba writing for the Ontario Superior Court found an auditor liable for the...

OSC releases long-awaited decision in Sino-Forest case

Six years after short seller Muddy Waters issued a report damning Sino-Forest Corporation as a fraud and a Ponzi scheme, the Ontario Securities...

Ontario Court refuses to convert individual action into class proceeding

In its recent decision in Lou v London Life Insurance Company, 2017 ONSC 4188, the Ontario Superior Court of Justice dismissed a motion to convert an...

Wellman v. TELUS: Ontario Court of Appeal clarifies the impact of arbitration clauses on class proceedings

In Wellman v. TELUS Communications Company, 2017 ONCA 433, the Ontario Court of Appeal dismissed an appeal of an order denying a motion to partially...

Ontario court stick handles around “excessively over-pleaded” class action

A class action will not be certified unless it is a fair, efficient and manageable way to resolve proposed common issues. That principle was recently...

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...

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...

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...

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...