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Class Action › Canada › Rules of Civil Procedure

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bennett Jones LLP

Statutory Amendments to Certification Test: Banman v Ontario, 2023 ONSC 6187

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Approximately four years have passed since the new amendments to Ontario’s Class Proceedings Act, 1992 came into force. One of the most significant amendments was the addition of subsection 5(1.1) to the preferable procedure...more

BCLP

Certification of Collective Actions in the CAT

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To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

Bennett Jones LLP

Cyber-Security and the Rise of the Vigilante Hacker - Can illegally obtained data be used in a civil proceeding?

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In the world of cyber hacks and leaks, there are two general categories of players: the fraudsters who steal data in order to obtain a profit, and the “hacktivists” who expose data, purportedly for the greater good....more

Blake, Cassels & Graydon LLP

Legal Trends: Litigation & Dispute Resolution

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In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings. ...more

Bennett Jones LLP

Québec’s New Code of Civil Procedure – An Obstacle to National Class Actions?

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General counsel and the class action bar should take note that a new provision in Québec’s new Code of Civil Procedure (NCCP), which comes into force on January 1, 2016, may create an obstacle for streamlining—and ultimately...more

Blake, Cassels & Graydon LLP

Enough Is Enough: Court Suspends Class Action for Vexatious Conduct by Petitioner, Counsel

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In September 2015, the Superior Court of Québec (Court) released a landmark decision rendered by Justice C. Masse in Deraspe v. Zinc électrolytique du Canada ltée?, in which — for the first time in the area of class actions —...more

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