Who You Gonna Call? Not Former Executives June 23, 2023 Adil Abdulla & Denna Jalili This article summarizes the law on whether counsel can contact former executives, an issue raised by the decision of the Superior Court of Québec in Holcman c Lightspeed Commerce Inc, 2023 QCCS 1681.
Davies v. Clarington: Litigation Funders Escape $3.34 Million Costs Award June 23, 2023 Pritpal Mann This article summarizes Davies v. Clarington (Municipality), 2023 ONCA 376, in which the Court of Appeal for Ontario refused to order litigation funders to pay a costs award against the plaintiff.
Court Decertifies “Phantom Class” Following Extensive Opt-Outs: Navartnarajah v. FSB Group Ltd. June 23, 2023 Adrian Pel & Ian Matthews This article summarizes Navartnarajah v. FSB Group Ltd., 2023 ONSC 2574, in which the Ontario Superior Court of Justice decertified a class after substantially all class members opted out.
Case Summary: Leroux v Ontario June 23, 2023 Ronan Mallovy This article summarizes Leroux v Ontario, 2023 ONCA 314, in which the Court of Appeal for Ontario allowed a claim to proceed against the government of Ontario for long waitlists for disability benefits and a positive obligation under section 7 of the Charter.
Curtis v. Medcan: Class Actions are the Go-To Procedure for Systemic Workplace Violations April 27, 2023 Andrew Monkhouse & Alisa Mirkovic This article summarizes Curtis v. Medcan Health Management Inc. 2022 ONSC 5176, in which the Ontario Superior Court of Justice held that class actions are preferable to ESA claims for employment cases.
Case Summary: Reilly v Alberta, 2022 ABKB 612 April 11, 2023 Karine Bédard This article summarizes Reilly v. Alberta, 2022 ABQB 612, in which the Court of King's Bench of Alberta certified a class action in systemic negligence, even though the Court of Appeal for Ontario refused to certify a similar case.
Embrace the Truth: The Class Proceedings Act, 1992 is Substantive Legislation March 24, 2023 Garth Myers This article challenges the theory that the Class Proceedings Act, 1992, is purely procedural, identifying cases where it was used to modify substantive rights.
Case Summary: Heyder v. Canada (Attorney General) March 24, 2023 Alex Bogach This article summarizes Heyder v. Canada (Attorney General), 2023 FC 28, in which the Federal Court created a framework for assessing a large number of late claims from the settlement.
Should I Stay or Should I Go? March 24, 2023 Irfan Kara & Craig Gilchrist This article summarizes Facebook, Inc. v. Douez, 2023 BCCA 40, in which the British Columbia Court of Appeal allowed the defendants to appeal a liability decision even though the damages trials were still outstanding.
Your General Causation Methodology Must Be Specific – The Class Action Implications of Price v. Lundbeck A/S January 03, 2023 Ethan Schiff This article summarizes Price v. Lundbeck A/S, 2022 ONSC 7160, in which the Ontario Superior Court of Justice refused to certify a class action alleging that a product caused teratogenicity because that covered hundreds of different congenital defects and the evidence was not specific to each defect.