Searching Content indexed under Class Actions by Craig Lockwood ordered by Published Date Descending.
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Ontario Court Of Appeal Clarifies Jurisdictional Limits Of Secondary Market Claims In Yip V. HSBC Holdings Plc
The recent judgment of the Ontario Court of Appeal in Yip v. HSBC Holdings plc[1] provides helpful guidance on the jurisdictional limits of secondary market proceedings commenced in respect...
20 Jul 2018
Cold Shoulder: BC Court Denies Certification Finding No "Identifiable Class"
A recent decision by the British Columbia Supreme Court denying class certification illustrates the Court's continued insistence on the rigorous application of the statutory certification criteria...
5 Dec 2016
Balancing Access To Justice And Judicial Efficiency In Carriage Decisions
As we have discussed before, Canadian courts are grappling with a number of considerations involved in multijurisdictional class actions.
30 Jun 2016
Attempt To Revive Failed Certification Fails
What happens when a change in the law arguably gives fresh life to a previously failed certification motion?
6 Jun 2016
Court Of Appeal Confirms Class Action Contract Claims Can Be Decided On Summary Judgment
On April 4, 2016, the Ontario Court of Appeal granted summary judgment in Sankar v Bell Mobility Inc., dismissing a certified class action against Bell Mobility Inc. regarding prepaid wireless credits.
25 Apr 2016
Court Of Appeal Confirms That A Flexible Approach To Class Certification‎ Serves The Greater Good
On April 6, 2016, the Ontario Court of Appeal released its decision in Good v. Toronto Police Services Board in respect of the certification of a proposed class proceeding on behalf of protestors and other individuals who had been detained at the G20 summit held in Toronto in June 2010.
20 Apr 2016
Class Action Law Firm Breaches Carriage Order In Volkswagen Litigation
As anticipated, the multiplicity of class actions commenced in Canada in the Volkswagen Litigation has given rise to carriage wars across the country.
10 Mar 2016
Arbitration Clauses: The Impact On Class Actions In Canada And The United States
Over the past few years, courts in Canada and the United States have been engaged in this dialogue through cases involving consumer contracts.
13 Nov 2015
Volkswagen Litigation Highlights Significant Procedural Issues For Defendants Faced With Multiple Overlapping Class Actions
In the wake of media coverage surrounding the emissions results for certain of Volkswagen's diesel engines, which reports have spawned numerous court and regulatory proceedings in multiple jurisdictions, more than 10 different class actions have recently been commenced in Canada (including 4 in Ontario).
5 Oct 2015
Excalibur: The Divisional Court Affirms That Class Actions Are Not Always Preferable And That Ontario Courts Should Not Always "Go Global"
In the recent Excalibur Special Opportunities LP v Schwartz Levitsky Feldman LLP decision, a majority of the Ontario Divisional Court upheld the ruling of Justice Perell denying certification of a proposed global class action...
16 Jul 2015
Divisional Court Rules On Cost Regime Symmetry
The Divisional Court released its decision in Fischer last week, in which the Court dismissed the Plaintiffs' application for leave to appeal an October 2014 costs decision by Perell J.
20 May 2015
Cause And Effect: The Evidentiary Threshold Required To Certify A Product Liability Class Action
The British Columbia Court of Appeal recently clarified the evidentiary threshold that plaintiffs must satisfy at the certification stage in the context of product liability class actions in Charlton v. Abbott Laboratories, Ltd.
18 Mar 2015
B.C. Court Confirms Plaintiffs Must Provide Workable Causation Methodology To Certify Product Liability Class Proceedings
The British Columbia Court of Appeal clarified the evidentiary threshold plaintiffs must satisfy at the certification stage in the context of product liability class actions.
16 Mar 2015
Excalibur: When Should An Ontario Court "Go-Global"?
The proposed representative plaintiff was a Canadian investment fund that purchased privately-placed shares of a Chinese hog producer.
26 Sep 2014
New Product Liability Class Action Highlights Uncertainties In Class Proceedings
On April 15, 2013, the Ontario Superior Court of Justice certified a product liability class action in respect of pharmaceutical products manufactured by Bayer Inc.
3 May 2013
Conflicting Results From Ontario Appellate Courts In Motions To Strike Claims In Proposed Class Actions
Ontario’s appellate courts have released two decisions in the past week addressing the issue of when claims ought to be struck in the context of proposed class proceedings for failing to disclose a cause of action.
4 Mar 2013
Class Actions Development: B.C. Court Of Appeal Slams The Door On Waiver Of Tort In Statutory Cases
In a significant class certification decision with national implications, the British Columbia Court of Appeal in Koubi v. Mazda Canada Inc. has curtailed the ability of class plaintiffs to rely on restitutionary doctrines such as "waiver of tort" to obtain class certification in cases grounded in alleged breaches of statute.
30 Jul 2012
Statements Of Defence Required In Advance Of Certification In Sino-Forest Class Proceeding
In the recent "Trustees of the Labourers’ Pension Fund et al. v. Sino-Forest" decision – released March 26, 2012 – Justice Perell affirmed his earlier reasoning in "Pennyfeather v. Timminco" by requiring the delivery of statements of defence before the certification hearing.
4 Apr 2012
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