Information About Canadian Class Action Defence
Recent Posts
Below is a preview of the five most recent posts from the blog Canadian Class Action Defence. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- COVID-19 class actions: Cautionary reminders from south of the border
Canadian companies have faced an unprecedented last few months in the wake of the COVID-19 pandemic and the subsequent measures to contain its spread. As the pandemic’s impacts continue to reverberate, the first round of COVID-related litigation has begun. Several COVID-related class actions have al … Read more »
- Galaxy Note 7 recall campaign defeats class action
On April 9, 2020, the Québec Superior Court dismissed an application for authorization to institute a class action against Samsung Electronics Canada Inc. (SECA) in connection with overheating problems that affected certain Samsung Galaxy Note 7 cell phones in the fall of 2016. The Court concluded t … Read more »
- Ontario court decertifies class action because representative plaintiff’s post-certification conduct showed he was unsuitable
Can a class action continue if the only available representative plaintiff is not suitable for the role? In Azar v. Strada Crush Limited, Justice Morgan answered “no” to that question. After finding that the representative had preferred his own interests over the interests of class members, Justice … Read more »
- Let’s be “mutually exclusive” – Alternative procedures in the preferable procedure analysis
In the recently released decision Whitehouse v. BDO Canada LLP, Justice Perell rejected the Defendant’s arguments regarding the preferable procedure criterion of the certification test because the alternative proceeding that it argued was preferable was not “mutually exclusive” with the proposed cla … Read more »
- Court provides roadmap for seeking administrative law remedies and damages in one class proceeding
Challenging public authorities in courts can be … challenging. Apart from institutional advantages and formidable defences enjoyed by public authorities, it can be hard to find the right procedure to get the claim before a court. The Federal Court of Appeal’s decision in Brake v Canada (Attorney Gen … Read more »