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Riding the wave: recent developments with class action waivers

Canada - September 7 2021 A class action waiver is a contractual term — usually found in a contract between an individual and a company — that stipulates that the individual…

Sonia Bjorkquist

Where the rubber meets the road: Evidentiary burdens and gain-based remedies in product liability class actions

Canada - May 31 2021 The Alberta Court of Appeal recently overturned a class certification order and made important comments on a representative plaintiff’s evidentiary…

Kevin O’Brien

Choice of Law for Arbitration Agreements: A Case Comment on Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb, [2020] UKSC 38

United Kingdom - March 31 2021 A recent decision of the U.K. Supreme Court may help clarify which law governs an arbitration clause in a commercial contract when the parties have…

Lauren Tomasich

A new chapter for novel claims in class proceedings

Canada - January 21 2021 Last year, the Supreme Court of Canada signalled an important shift in how courts should approach motions to strike pleadings based on novel causes…

Craig Lockwood