Articles 2022

Aujourdʼhui
Aujourdʼhui

Courts Reject “Improvident” Settlement in CHL Class Actions

  • 17 décembre 2020
  • Bridget M. Moran, Siskinds LLP

Recent settlement approval decisions issued by several provincial courts provide useful commentary on the appropriate scope of a release in a class action settlement.

Droit des recours collectifs, Student Forum

“Above and Beyond the Call of Duty”: Honorarium Payments to Representative Plaintiffs in Class Proceedings

  • 20 novembre 2020
  • Ranjan Agarwal and Tim Heneghan, Bennett Jones

In Makris v. Endo International PLC, Justice Glustein approved a settlement of the class action but rejected the request for an honorarium payment to the representative plaintiff. He noted that honorarium payments were “exceptional” and “rarely done,” and available only when a representative plaintiff had “gone well above and beyond the call of duty,"

Droit des recours collectifs, Student Forum

Can Class Member Opt Out After Opt-Out Deadline if no Actual Notice?

  • 20 novembre 2020
  • Nancy Sarmento Barkhordari

The significance of the Court of Appeal's decision in 3113736 Canada v Cozy Corner transcends issues of actual versus adequate notice, and leaves open the question of when, or whether a class member who does not wish to be bound by a class action can bring a motion to opt out of the class proceeding on the basis of lack of notice, and the test to be applied in those circumstances.

Droit des recours collectifs, Student Forum

Not Waiving, but Drowning: Supreme Court of Canada Kills Waiver of Tort as an Independent Cause of Action

  • 20 octobre 2020
  • Suzanne Chiodo, assistant professor, Western Law

After decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp Inc v Babstock, released on July 24, 2020, the Supreme Court of Canada killed off the concept once and for all. What is waiver of tort, how did it arise in this case, and why its sudden demise?

Droit des recours collectifs, Student Forum

Let it Rain: Supreme Court Green Lights Umbrella Purchaser Class Actions

  • 16 octobre 2019
  • Chris Kinnear Hunter and Paul-Erik Veel

On September 20, 2019, the Supreme Court released its long-awaited decision in Pioneer Corp v Godfrey. Godfrey is the Supreme Court’s latest decision involving price-fixing class actions, and expands on and clarifies the basic approach to these cases that the Court laid out six years ago in Pro-Sys Consultants Limited v Microsoft Corporation.

Droit des recours collectifs, Student Forum

2019 Privacy Class Actions Update: Why did Casino Rama fail and Bell Mobility succeed?

  • 31 mai 2019
  • Avi Sharabi

Why did the Ontario Superior Court of Justice refuse to certify the Casino Rama privacy breach class action, but then certified the Bell Mobility class action less than a week later? This piece offers a few theories explaining the opposing outcomes.

Droit des recours collectifs, Droit de la protection de la vie privée, Student Forum

A Pyrrhic Victory in a One-man Class Action Trial

  • 11 mai 2019
  • Tina Yang

In Davies v. The Corporation of the Municipality of Clarington, a single class member proceeded to trial - and despite being the successful party, ended up with a $2.5 million adverse costs award for his trouble.

Droit des recours collectifs, Student Forum

Brazeau v. Canada: Ontario court explores un-Chartered territory

  • 26 avril 2019
  • Janeta Zurakowski

In Brazeau v. Canada, 2019 ONSC 1888, the Ontario Superior Court of Justice awarded $20 million in damages for class-wide systemic Charterbreaches following a successful summary judgment motion by the class

Droit des recours collectifs, Student Forum