Multi-Jurisdictional Classes: Does Van Breda Change anything? December 01, 2012 Sonia Bjorkquist Mary Paterson For decades, Canadian courts have used the phrase “real and substantial connection” to resolve questions of jurisdiction over claims involving out-of-province parties.
Introduction to the Third Issue of “Class Act” July 01, 2012 Peter N. Mantas Welcome to the third issue of “Class Act,” the newsletter of the Ontario Bar Association’s class action section.
Federal Court Confirms Validity of No-Class Action Arbitration Agreements under Competition Act July 01, 2012 Barry Leon John Siwiec Since the Supreme Court of Canada’s decision in Seidel v. TELUS Communications Inc. (“Seidel”) there has been a heightened debate in Canada about the appropriate way to adjudicate statutory rights.
Carriage Motions: What is the Preferred Form of a Class Action? July 01, 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 July 01, 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 July 01, 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” March 01, 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 March 01, 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? March 01, 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 March 01, 2012 Jean-Marc Leclerc For a number of years, Canadian courts have struggled with whether class actions can be ousted by arbitration clauses.