Editor's Message - December 2012 December 01, 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 December 01, 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? December 01, 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 December 01, 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… December 01, 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? 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.