Articles 2024

This article summarizes Live Nation Entertainment, Inc. v. Gomel, 2023 BCCA 274, in which the Court clarified that a theory of damages is distinct from and insufficient to meet the requirement of establishing the existence of a plausible methodology to determine damages on a class-wide basis.

In Doucet v. Royal Winnipeg Ballet, 2022 ONSC 976, reversed 2023 ONSC 2323, Justice Perell concluded that representative plaintiffs should never be granted honoraria. This article comes to the same conclusion, arguing that there is no basis on law for granting honoraria.

This article summarizes the law on whether counsel can contact former executives, an issue raised by the decision of the Superior Court of Québec in Holcman c Lightspeed Commerce Inc, 2023 QCCS 1681.

This article summarizes Davies v. Clarington (Municipality), 2023 ONCA 376, in which the Court of Appeal for Ontario refused to order litigation funders to pay a costs award against the plaintiff.

This article summarizes Navartnarajah v. FSB Group Ltd., 2023 ONSC 2574, in which the Ontario Superior Court of Justice decertified a class after substantially all class members opted out.

This article summarizes Leroux v Ontario, 2023 ONCA 314, in which the Court of Appeal for Ontario allowed a claim to proceed against the government of Ontario for long waitlists for disability benefits and a positive obligation under section 7 of the Charter.

This article summarizes Curtis v. Medcan Health Management Inc. 2022 ONSC 5176, in which the Ontario Superior Court of Justice held that class actions are preferable to ESA claims for employment cases.

This article summarizes Reilly v. Alberta, 2022 ABQB 612, in which the Court of King's Bench of Alberta certified a class action in systemic negligence, even though the Court of Appeal for Ontario refused to certify a similar case.

This article challenges the theory that the Class Proceedings Act, 1992, is purely procedural, identifying cases where it was used to modify substantive rights.

This article summarizes Heyder v. Canada (Attorney General), 2023 FC 28, in which the Federal Court created a framework for assessing a large number of late claims from the settlement.