Articles 2019

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Navigating the Uncharted Territory of Individual Issues Trials

  • December 21, 2022
  • Suzanne Chiodo, assistant professor, Osgoode Hall Law School,

There are two stages to a class proceeding: the common issues stage, and the individual issues stage. While the jurisprudence on the common issues stage (including certification and common issues trials) is well-developed, settlement usually occurs before the individual issues stage is reached. For judges, counsel, and litigants, therefore, this last phase of a class proceeding presents uncharted territory.

Class Actions, Student Forum

Case Summary: Nissan Canada Inc. v Mueller

  • December 21, 2022
  • Katherine Shapiro

This article summarizes Nissan Canada Inc. v Mueller, 2022 BCCA 338, in which the British Columbia Court of Appeal rejected the two-step approach to "some basis in fact" for common issues.

Class Actions, Student Forum

Novel Application of the Individual Issues Powers in s. 25 of the Class Proceedings Act

  • October 14, 2022
  • Alex Bogach, Julie Lowenstein, Sarah Whitmore, and Grant Worden

This article summarizes Cavanaugh v. Grenville Christian College, 2022 ONSC 5405, in which the court used s. 25 of the Class Proceedings Act, 1992, to address a unique factual problem: the defendants were judgment proof and had erratic insurance coverage that covered some class members' claims but not others.

Class Actions, Student Forum

Case Summary: Bowman v Ontario

  • October 14, 2022
  • Geetha Philipupillai

This article summarizes Bowman v Ontario, 2022 ONCA 477, which provides guidance to lower courts and practitioners on conducting a correct analysis under the cause of action (s. 5(1)(a)) criterion of the Class Proceedings Act.

Class Actions, Student Forum

Commonality of Job Duties in Employment Misclassification Class Action: Le Feuvre v Enterprise Rent-A-Car

  • October 07, 2022
  • Jonathan Bradford

This article summarizes Le Feuvre v Enterprise Rent-A-Car Canada Company, 2022 ONSC 4136, in which the Ontario Superior Court of Justice dismissed the plaintiff’s motion for certification of a proposed employment misclassification class action due to a lack of a factual basis for a common claim. The court also commented on the need for a viable methodology for certifying an aggregate damages claim.

Class Actions, Student Forum

The Preferability Analysis in Multi-jurisdictional Class Proceedings

  • October 05, 2022
  • Annie Legate-Wolfe

This article summarizes N&C Transportation Ltd. v. Navistar International Corporation, 2022 BCCA 164, in which the British Columbia Court of Appeal set out the factors applicable when weighing the benefits of a multi‑jurisdictional class proceeding against competing extra-provincial actions, including where a proposed settlement has been reached.

Class Actions, Student Forum

Reliability is Relevant to Materiality: Wong v Pretium Resources Inc.

  • October 05, 2022
  • Stacey Reisman & Colette Koopman

This article summarizes the Court of Appeal’s decision in Wong v Pretium Resources Inc., 2022 ONCA 549, which confirms that the reliability of information can be relevant to determining the materiality of information under Ontario's Securities Act.

Class Actions, Student Forum

Case Summary: Raponi v Olympia Trust Company

  • October 05, 2022
  • Tyler O’Henly

This article summarizes a recent certification motion emphasizing that the scope of a fiduciary duty is not always the same. When alleging a breach of fiduciary duty, class counsel should carefully consider the nature of that relationship.

Class Actions, Student Forum