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!
- Ontario and Québec courts hold joint hearing in multijurisdiction class actions
In Brazeau v Canada (Attorney General), the Ontario and Québec courts heard identical motions for a distribution protocol and individual issues protocol in the context of three overlapping class actions. The case demonstrates Canadian courts’ willingness to adopt novel procedures for efficiently man … Read more »
- Alberta Court of Appeal upholds pre-certification stays of duplicative class proceedings
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 class action proceedings issued by the case management judge, Rooke ACJQB (written reasons here). The two proposed class proceedings involve an alleged p … Read more »
- Ontario court won’t approve class action settlement without detailed evidence supporting interests of the class
Judges asked to approve class action settlements must determine whether that settlement is in the “best interests of the class.” The task is challenging, as the settlements are presented on consent, in the absence of the usual adversarial scrutiny and debate. The task is more difficult when the sett … Read more »
- New dimensions of preferable procedure: “jurisdictional preferability” and multijurisdictional class proceedings
In order to be certified, a proposed class proceeding must be deemed the “preferable procedure” for resolving the plaintiff’s claims. The preferable procedure analysis takes on new dimensions where a proposed class proceeding is one among several overlapping proceedings commenced in other jurisdicti … Read more »
- Plaintiffs’ offers to settle certification motions in the Ontario Superior Court: Rule 49 is an “Ill Fit”
After a contested certification motion in the Ontario Superior Court of Justice, the losing party is typically required to pay the successful party’s costs on a “partial indemnity” basis. In a recent decision, Justice Perell considered whether a plaintiff can recover a portion of its costs on the hi … Read more »