The Top 3 Class Action Cases in Ontario for 2013 January 13, 2014 Jean-Marc Leclerc Three groups of cases rise above the rest, establishing key principles on costs, evidentiary burdens and auditor liability.
No Damage, No Problem: The Ontario Court of Appeal Denies a Class Action Claim for Economic Loss from a Non-Dangerous Product November 27, 2013 Glenn Zakaib and Derek Ronde Claims for pure economic loss resulting from the negligent design of a non-dangerous product have been definitively scrubbed for Ontario consumers by the OCA decision in Arora v. Whirlpool.
Hope for a simplified Class Proceedings Act November 05, 2013 Jean-Marc Leclerc In this commentary, Jean-Marc Leclerc recommends amendments to the Class Proceedings Act to make a simpler and more sophisticated approach to class action certification.
Unique Opportunity: New Anti-Spam Legislation Will Permit Federal Court Class Actions November 05, 2013 Peter Mantas, Alexandra Logvin and Tala Khoury Canada’s pending anti-spam legislation has raised expectations of a coming wave of large-scale, national class actions. The Act will provide plaintiffs with the opportunity to bring their action before a court that offers them potential class certification on a national opt-out, no cost basis.
Opting Out: Where we are after Pet Valu November 05, 2013 Antonio Di Domenico The opt out period is the limited time frame in which class members can either choose to participate in the class proceeding or opt out. What takes place during the opt out period is therefore critical in maintaining the integrity of the class action process.
Indirect Purchasers Given Green Light for Price-Fixing Class Actions November 04, 2013 Margaret Waddell The Supreme Court has confirmed that both direct and indirect purchasers have tenable causes of action for price-fixing. If there is an identifiable class with a plausible methodology capable of proving harm on a class-wide basis, the action will be certified.
The Fall-Out from the OCA Decision in Timminco May 01, 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 May 01, 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 May 01, 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? May 01, 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.