Class Action Defence Class Action Defence

Court Reiterates Threshold for Settlement Approval: Class Counsel Must Lead Substantive Evidence on the Reasonableness of the Settlement

In a recent decision by the Ontario Superior Court of Justice, Justice Belobaba reiterated the need for parties seeking court approval of a...

‘No Litigation Should Be Extortionate’: Disqualifying Representative Plaintiffs

A business subject to a class action receives a “without prejudice” letter from a potential class member offering to settle a small personal...

BC Court Refuses to Certify Smart Meter Radio Emissions Class Action

The BC Supreme Court’s recent refusal to certify a class action in Davis v British Columbia Hydro and Power Authority re-affirms that although the...

Fighting On Many Fronts: Court Allows Individual Action To Proceed Alongside Class Actions

In Crider v Nguyen, 2016 ONSC 4400, Justice Perell of the Ontario Superior Court recently dismissed a motion by Zimmer, the manufacturer of a hip...

Defendants Sidelined in Third Party Funding Motion

Justice Perell’s July 7, 2016 decision in Berg v. Canadian Hockey League is the most recent development in the evolving law surrounding the role of...

No More Kicks at the Discovery Can: Motion to Examine CEO Second Witnesses Denied

On July 5, 2016, Justice Perell of the Ontario Superior Court released a decision in Fischer v IG Investment Management Ltd., which (among other...

Whoa…Not so Fast…Emerging Limits on the Certification of Privacy Class Actions

Canadian courts have generally adopted a liberal and purposive approach to class action certification, and this approach has applied equally to the...

Will A Big Cost Award in a Securities Class Action Change Reasonable Expectations for All?

Justice Strathy, now the Chief Justice of Ontario, recently awarded plaintiffs more than $2.679 million in costs for their motion for certification...

Balancing Access to Justice and Judicial Efficiency in Carriage Decisions

As we have discussed before, Canadian courts are grappling with a number of considerations involved in multijurisdictional class actions. Justice...

Pre-Certification Right to Cross-Examination Across Canada

The recent British Columbia Supreme Court case Cantlie v Canadian Heating Products Inc. highlights procedural differences across Canadian...