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Canadian Class Action Defence Blog

Articles: 1-10 of 174

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…

Ontario and Québec courts hold joint hearing in multijurisdiction class actions

Canada - January 14 2021 In Brazeau v Canada (Attorney General), the Ontario and Québec courts heard identical motions for a distribution protocol and individual issues…

Alberta Court of Appeal upholds pre-certification stays of duplicative class proceedings

Canada - December 23 2020 On November 27, 2020, the Alberta Court of Appeal issued its decision in Ravvin v Canada Bread Company, Limited, and upheld a stay of two proposed…

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

Canada - December 15 2020 Judges asked to approve class action settlements must determine whether that settlement is in the “best interests of the class.” The task is…

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

Canada - October 28 2020 In order to be certified, a proposed class proceeding must be deemed the “preferable procedure” for resolving the plaintiff’s claims…

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

Canada - October 26 2020 After a contested certification motion in the Ontario Superior Court of Justice, the losing party is typically required to pay the successful party’s…

No compensable loss, no class action: repair program defeats certification motion

Canada - October 14 2020 Evidence of compensable loss is a fundamental prerequisite for a class action. An Ontario court recently applied that principle to deny certification…

Court of Appeal finds limitation periods suspended indefinitely following a denial of certification

Canada - October 8 2020 In R.G. V. The Hospital for Sick Children, the Court of Appeal for Ontario found that limitation periods remain suspended for all individual…

Court of Appeal for British Columbia might recognize common law tort of breach of privacy

Canada - September 30 2020 In Tucci v Peoples Trust Company, 2020 BCCA 246 (“Tucci”), the Court of Appeal for British Columbia signaled that it might be willing to recognize a…

Amendments to Class Proceedings Act will come into force October 1

Canada - September 18 2020 On September 17, 2020, recent amendments to the Ontario Class Proceedings Act, 1992 were proclaimed into force effective October 1, 2020. The…