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Ontario Superior Court Decides Bellwether Individual Issues Trials in Class Action

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In Reddock v Attorney General of Canada, 2024 ONSC 3238, the Ontario Superior Court released a post-common issues trial decision regarding the additional damages, if any, five plaintiffs were entitled to as a result of the...more

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Ontario's Dismissal for Delay Regime the Year in Review

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Early 2022 decisions interpreting Ontario’s new mandatory dismissal for delay regime were glad tidings for defendants, suggesting the regime would be strictly applied. However, over the course of 2022, the pendulum swung in...more

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Privilege is Sacrosanct: Ontario Court of Appeal Affirms High Threshold for Abrogation of Privilege

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Legislation must show a clear, explicit and unequivocal intention to abrogate privilege before a party is required to disclose privileged information, the Ontario Court of Appeal reiterated in its recent decision of Ontario...more

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Alberta Court of Queen's Bench Finds Conflict of Interest for Class Counsel Also Representing Individual

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In Smith v Lafarge Canada Inc, 2022 ABQB 289 [Smith], the Court of Queen's Bench considered a preliminary application arising out of a proposed class action which involved claims advanced on behalf of the proposed class as...more

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Dismissal for Delay under Ontario’s Class Proceedings Act, 1992: Lamarche v Pacific Telescope Corp

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In January 2022, Justice Belobaba (one of four judges on the Toronto Class Actions List) dismissed an action for delay under section 29.1 of Ontario’s Class Proceedings Act, 1992. Justice Belobaba’s decision in Bourque v...more

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Diverging Approaches to the Certification of Class Actions

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Last year, we reported on the amendments to Ontario’s Class Proceedings Act, 1992 (CPA) that took effect on October 1, 2020. One of the most significant amendments to the CPA was the introduction of a higher standard for...more

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Navigating Multijurisdictional Class Actions

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Parallel class actions, filed in different Canadian jurisdictions under different provincial class action statutes, erode the efficiency that class actions are meant to facilitate, and risk duplicative proceedings and...more

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Dismissal for Delay Under the Ontario Class Proceedings Act: The First Application of a New Rule

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On October 1, 2020, significant amendments to Ontario’s Class Proceedings Act, 1992, came into force, implementing major changes to the test for certification, appeal routes, carriage motions, and settlement approval....more

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