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!
- 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 »
- Carriage decision encourages striving to avoid multiplicity of class actions
In Winder v Marriott International Inc, Justice Perell granted carriage of a data breach class action commenced against Marriott International, Inc., Marriott Hotels of Canada Ltd., and Starwood Canada ULC (collectively “Marriott”) to Siskinds LLP. The decisive factor on the carriage motion was Sisk … Read more »
- No cutting class: OCA confirms that individual class members cannot appeal settlement orders
The Ontario Court of Appeal has confirmed that class members in a class action do not have a right to appeal a settlement approval order under the Class Proceedings Act, 1992, S.O. 1992, c. 6 (the CPA). In the recent decision of Bancroft-Snell v. Visa Corporation Canada,[1] the Court of Appeal held … Read more »
- Court certifies common issue based in novel statistical methodology of proof
In Levac v. James, 2019 ONSC 5092, the Ontario Superior Court of Justice agreed to expand the common issues in a medical negligence class action to include a novel statistical theory of causation. In the words of Justice Morgan, the case raised the issue of whether, for the purposes of certification … Read more »