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Canadian Class Actions Monitor Blog

Articles: 1-10 of 142

Representative Plaintiff Removed for Not Protecting Interests of Class

Canada - September 18 2019 In the recent decision of Azar v. Strada Crush Limited, 2019 ONSC 4436 Justice Morgan denied a motion brought by the representative plaintiff in a…

Law Commission of Ontario issues recommendations for class action reform in Ontario

Canada - July 23 2019 On July 17, 2019, the Law Commission of Ontario (“LCO”) published its Final Report on Class Action reform, Class Actions: Objectives, Experiences and…

Quebec Court Dismisses Application Due To Conflict Of Interest Between Plaintiff and Class Counsel

Canada - July 8 2019 In a decision rendered on May 23, 2019, the Honourable Chantal Lamarche of the Superior Court of Quebec dismissed an application for authorization to…

Ontario is not a “Universal Jurisdiction” under the Ontario Securities Act: Leave to the SCC denied in Yip v. HSBC Holdings

Canada - July 5 2019 On March 28, 2019, the Supreme Court of Canada denied leave to appeal in Yip v. HSBC Holdings plc, 2019 CanLII 23866, leaving standing the Ontario…

Douez v Facebook gives existing class actions green light to grow under new opt-out rules

Canada - June 19 2019 In a previous post we unpacked last year’s amendments to BC’s Class Proceedings Act, and discussed the consequences of switching from an “opt-in”…

The Quebec Court of Appeal Renders a Landmark Decision Regarding Prescription Drug Manufacturers’ Duty to Warn

Canada, USA - May 13 2019 In a judgment rendered on May 8, 2019, the Quebec Court of Appeal[1] upheld a Superior Court decision dismissing a class action in which the…

Dismissal of a certification application on the merits prevents certification for settlement

Canada - May 10 2019 When a proposed class action is settled before certification, the parties often apply to certify the action for the purpose of settlement. This lets…

Common Issues in Environmental Class Actions

Canada - April 12 2019 Earlier this year, we wrote about the arrival of climate change class actions in Canada. Last week, the BC Court of Appeal highlighted the difficulty…

Judicial Comity in National Class Action Settlement Approval - Judicial Efficiency is no Laughing Matter

Canada - April 5 2019 In a decision of the Alberta Court of Queen’s Bench issued March 18, 2019 (Macaronies Hair Club and Laser Centre Inc. v. BofA Canada Bank, 2019 ABQB…

Class Actions and Joint Expert Evidence: Guidelines From the Quebec Court of Appeal

Canada - March 6 2019 Since the reform of the Code of Civil Procedure of Quebec, which came into force in January 2016, the courts can impose joint expert evidence in some…