Carriage Motions: What is the Preferred Form of a Class Action? 01 juillet 2012 Rebecca Case To paraphrase Justice Perrell, a carriage motion has aspects of a casting call or a rehearsal for certification, whereby competing plaintiff counsel submit that their proposed class action and plan will best serve the interests of class members.
The Gathering Storm: New Anti-Spam Legislation Creates Major Class Action Exposure 01 juillet 2012 Peter Mantas, Leslie Milton A new anti-spam Act is coming to Canada. With it arrives the prospect of new, major class action activity involving significant damages.
Land of Great Promise: Manitoba Class Action Review 01 juillet 2012 Christian Monnin The Class Proceedings Act, C.C.S.M., c. C130 [“the Act”], came into force in Manitoba on January 1, 2003.
Introduction to the Second Issue of “Class Act” 01 mars 2012 Peter N. Mantas Welcome to the second issue of “Class Act,” the newsletter of the Ontario Bar Association’s class action section. In this issue, you will find six articles by leading class action practitioners in Canada.
An Inconsistent Approach to Indirect Claims 01 mars 2012 Randy C. Sutton Nicholas Saint-Martin On December 1, 2011, the Supreme Court of Canada agreed to hear appeals from two British Columbia Court of Appeal decisions that reversed orders certifying conspiracy claims by indirect purchasers for alleged price fixing.
The New Tort of Intrusion Upon Seclusion: Growth or Stability in Breach of Privacy Class Actions? 01 mars 2012 Yonatan Rozenszajn Class actions resulting from mass breaches of privacy are a recent introduction to the Canadian legal landscape compared with the multitude of actions brought in the U.S.
Why Franchise Class Actions Cannot be Ousted by Arbitration Clauses 01 mars 2012 Jean-Marc Leclerc For a number of years, Canadian courts have struggled with whether class actions can be ousted by arbitration clauses.
The Staying Of Limitation Periods For Secondary Market Misrepresentation Claims In The Class Action Context 01 mars 2012 Derek Ronde 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.
Saskatchewan Rejects Ontario Requirement For A Plaintiff For Every Defendant 01 mars 2012 Jonathan Bida 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.
Atlantic Canada Regional Overview 01 mars 2012 Daniel Boone, Jonathan Dale 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.