Articles 2020

For a number of years, Canadian courts have struggled with whether class actions can be ousted by arbitration clauses.

The Ontario Court of Appeal recently clarified the issue of whether secondary market misrepresentation claims under Part XXIII.1 of the Ontario Securities Act are stayed by operation of section 28 of the Class Proceedings Act.

Beginning with Ragoonanan Estate v. Imperial Tobacco Canada Ltd. (2000 SCJ), for every defendant named in an Ontario class proceeding there must also be a named plaintiff with a claim against that defendant.

The body of class action jurisprudence from Atlantic Canada continues to grow. Newfoundland and Labrador has had its class actions legislation since 2001, and, given its size, has a relatively large number of class action decisions.

Welcome to the inaugural issue of Class Act, the newsletter of the Ontario Bar Association's Class Action Section.

Welcome to the inaugural OBA Class Action Newsletter. We have witnessed a number of exciting firsts this year.

I have been asked to provide a few brief remarks on the American Bar Association’s recent resolution to adopt protocols establishing best practice guidelines for U.S.-Canada cross-border class actions.

In the wake of the Court of Appeal of Ontario ruling in ,em>Smith v. Inco Limited, 10 years after the Supreme Court of Canada decision in Hollick v. Toronto (City), should we conclude that claimants in environmental class actions in Ontario are doomed to fail?

A recent decision by Justice Strathy of the Ontario Superior Court of Justice has provided substantive and definitive support for third-party funding arrangements for class proceedings in this province.

Many lawyers and activists contemplate alternatives for advancing social justice through law. The topic was one of the issues addressed at the OBA 8th Annual Conference on the Canadian Charter of Rights and Freedoms.