The Fall-Out from the OCA Decision in Timminco 01 mai 2013 Margaret L. Waddell A year ago, in February 2012, the Ontario Court of Appeal interpreted the interplay between statutory limitation periods and the tolling effect of s. 28 of the Class Proceedings Act, 1992 (CPA) in Sharma v. Timminco Limited.
Aggregate Damages: Its Evolution and Current State in Class Actions 01 mai 2013 Antonio Di Domenico Section 24 of the Class Proceedings Act, 1992 authorizes a common issues trial judge to assess damages on an aggregate basis.
Surviving the “Shakedown”: Challenging the Suitability of a Representative Plaintiff in the Franchise Class Action Context 01 mai 2013 Derek Ronde A 2012 certification decision by the Honourable Mr. Justice Strathy provides encouragement to franchisors who are seeking to resist franchisee class actions on the basis that the plaintiff franchisee is unsuitable as a representative of the class.
Re: Sino-Forest Corporation – When is an Indemnity Claim Really Just an Equity Claim? 01 mai 2013 Dom Magisano, Jason Squire When public companies are accused of accounting irregularities, class action shareholder litigation often follows. The case of Sino-Forest Corporation is such an example.
Editor's Message - December 2012 01 décembre 2012 Jean-Marc Leclerc Ontario’s Class Proceedings Act is twenty years old this year. A wealth of cases has been decided under the Act.
Taylor v. Canada, 2012 ONCA 479 01 décembre 2012 Kirk Baert What are the requirements in a statement of claim to establish sufficient proximity between the plaintiff and the defendant in a claim brought against a governmental body for regulatory negligence?
Opting-Out: To What Extent Can Defendants and Third Parties Communicate with Class Members? 01 décembre 2012 Antonio Di Domenico Opting-out is ordinarily the first decision that absent class members must make in a class proceeding.
Using the Companies’ Creditors Arrangement Act to Resolve a Prospective Class Action 01 décembre 2012 Norm Emblem, Deepshikha Dutt The Companies' Creditors Arrangement Act has long been lauded as a flexible tool that lends itself to creative use.
Meanwhile, On The West Coast… 01 décembre 2012 Brent B. Olthuis Waiver of tort has vexed the courts in British Columbia just as it has in Ontario.
Multi-Jurisdictional Classes: Does Van Breda Change anything? 01 décembre 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.