Articles 2021

This article summarizes Banman v. Ontario, 2023 ONSC 6187, where Justice Perell granted certification on the new preferability criteria in s. 5(1.1) of the Class Proceedings Act.

This article summarizes Hayes v. The City of Saint John, 2023 NBCA 79, where the New Brunswick Court of Appeal recently held that municipalities are vicariously liable at common law for torts committed by its police officers during work hours, but not in the execution of core law enforcement functions.

The author considers the current state of courts' application of the test for certifying common issues.

This article summarizes the Ontario Court of Appeal's decision ordering a temporary stay of proceedings to a class action whose pith and substance pertained to a specialized tribunal's jurisdiction.

This article analyzes the recall implications for product liability class action certification, as considered in two cases, Larsen v ZF TRW Automotive Holdings Corp and Bowman v Kimberly-Clark Corporation.

This article summarizes Live Nation Entertainment, Inc. v. Gomel, 2023 BCCA 274, in which the Court clarified that a theory of damages is distinct from and insufficient to meet the requirement of establishing the existence of a plausible methodology to determine damages on a class-wide basis.

In Doucet v. Royal Winnipeg Ballet, 2022 ONSC 976, reversed 2023 ONSC 2323, Justice Perell concluded that representative plaintiffs should never be granted honoraria. This article comes to the same conclusion, arguing that there is no basis on law for granting honoraria.

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.

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.

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.