Articles 2019

The opt out period is the limited time frame in which class members can either choose to participate in the class proceeding or opt out. What takes place during the opt out period is therefore critical in maintaining the integrity of the class action process.

The Supreme Court has confirmed that both direct and indirect purchasers have tenable causes of action for price-fixing. If there is an identifiable class with a plausible methodology capable of proving harm on a class-wide basis, the action will be certified.

A year ago, in February 2012, the Ontario Court of Appeal interpreted the interplay between statutory limitation periods and the tolling effect of s. 28 of the Class Proceedings Act, 1992 (CPA) in Sharma v. Timminco Limited.

Section 24 of the Class Proceedings Act, 1992 authorizes a common issues trial judge to assess damages on an aggregate basis.

A 2012 certification decision by the Honourable Mr. Justice Strathy provides encouragement to franchisors who are seeking to resist franchisee class actions on the basis that the plaintiff franchisee is unsuitable as a representative of the class.

When public companies are accused of accounting irregularities, class action shareholder litigation often follows. The case of Sino-Forest Corporation is such an example.

Ontario’s Class Proceedings Act is twenty years old this year. A wealth of cases has been decided under the Act.

What are the requirements in a statement of claim to establish sufficient proximity between the plaintiff and the defendant in a claim brought against a governmental body for regulatory negligence?

Opting-out is ordinarily the first decision that absent class members must make in a class proceeding.

The Companies' Creditors Arrangement Act has long been lauded as a flexible tool that lends itself to creative use.