Class Action Defence Class Action Defence

New dimensions of preferable procedure: “jurisdictional preferability” and multijurisdictional class proceedings

In order to be certified, a proposed class proceeding must be deemed the “preferable procedure” for resolving the plaintiff’s...

Plaintiffs’ offers to settle certification motions in the Ontario Superior Court: Rule 49 is an “Ill Fit”

After a contested certification motion in the Ontario Superior Court of Justice, the losing party is typically required to pay the successful...

Court of Appeal finds limitation periods suspended indefinitely following a denial of certification

In R.G. v. The Hospital for Sick Children, the Court of Appeal for Ontario found that limitation periods remain suspended for all individual...

Amendments to Class Proceedings Act will come into force October 1

On September 17, 2020, recent amendments to the Ontario Class Proceedings Act, 1992 were proclaimed into force effective October 1, 2020. The...

Court of Appeal opens door for negligence claims against investment funds

In its recent securities class action decision in Wright v. Horizons ETFS Management (Canada) Inc., 2020 ONCA 337, the Court of Appeal for Ontario...

Expert’s generic opinion doesn’t cut it: appellate court denies certification in cannabis class action

To certify a product liability or toxic substance class action, a plaintiff must provide some evidence of a workable methodology for proving that the...

COVID-19 class actions: Cautionary reminders from south of the border

Canadian companies have faced an unprecedented last few months in the wake of the COVID-19 pandemic and the subsequent measures to contain its...

Class action dismissed against the REM: Limits on obligations owed to public transit users

Recently, in Barré v. CDPQ Infra Inc., the Quebec Superior Court dismissed an application for authorization to institute a class action relating to...

Supreme Court of Canada opens door to liability for alleged human rights abuses abroad

On February 28, 2020, a five-justice majority of the Supreme Court of Canada ruled that Canadian corporations can be sued in Canada for breaches of...