Information About Canadian Class Action Defence
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!
- Del Giudice dismissed: Court of Appeal shows how the certification ‘cause of action’ component can be used to end meritless claims
In a recent decision, Del Giudice v. Thompson, 2024 ONCA 70, the Court of Appeal for Ontario reaffirmed that the cause of action component of the certification test is intended to be a meaningful screening device to weed out meritless claims. It is a helpful example of how defendants can use a plead … Read more »
- ‘Phoenix’ litigation: can a class action dismissed for delay be resurrected?
A growing number of proposed class actions have been dismissed for delay since a new provision of the Ontario Class Proceedings Act (CPA) was introduced in 2020. In their wake, a question has emerged: can a class action dismissed for delay be re-filed by a different representative plaintiff? Lower c … Read more »
- Court of Appeal addresses class action pleading standard for a breach of fiduciary duty claim
In Boal v. International Capital Management Inc., the Court of Appeal for Ontario addressed the pleadings standard for a proposed class action asserting breach of fiduciary duty against investment advisors in relation to the recommendation and sale of a specific investment. The Court of Appeal found … Read more »
- Québec class actions: strong evidence required on the merits
In the recent judgment Duguay c. General Motors du Canada ltée (Duguay) rendered on the merits of a class action, the Superior Court of Québec (the Court) highlights the risks of relying solely on factual presumptions to prove consumer awareness. The Court reminds plaintiffs to present strong evi … Read more »
- Ontario court adjourns motion to approve litigation funding agreement
In Gebien v. Apotex Inc., the plaintiff asked the Ontario Superior Court of Justice to approve a third-party funding agreement in a putative class action seeking more than $1 billion against opioid manufacturers and distributors. The defendants raised a number of objections to provisions of the agre … Read more »