Kirk M. Baert is is a partner at Koskie Minsky LLP in Toronto and a member of the firm’s executive committee. His practice focuses on plaintiff-side class actions. He can be reached at firstname.lastname@example.org.
Column: Class Acts
Column: Class Acts
Monday, 25 November 2013 08:00
Monday, 28 October 2013 08:00
Monday, 23 September 2013 09:00
In July, plaintiffs in a securities class action styled Bayens v. Kinross Gold Corp. were granted approval of a litigation funding agreement whereby the plaintiffs would be indemnified against any potential adverse costs awards in this class action. In granting this funding arrangement, Ontario Superior Court Justice Paul Perell outlined a number of principles that should be considered where a proposed funding arrangement is before the court.
Monday, 26 August 2013 08:00
The individual issues sections of the Class Proceedings Act, 1992, give the trial judge broad discretion to fashion proceedings for the resolution of individual issues. In particular, a court is authorized to dispense with any procedure it considers unnecessary, and to direct special procedures where necessary.
Monday, 22 July 2013 09:00
Monday, 24 June 2013 01:00
Monday, 27 May 2013 08:00
Monday, 22 April 2013 08:00
A recent Ontario Superior Court decision amended the class definition of a certified Canadian class proceeding to carve out the settled claims of a parallel U.S. class action. This was done in the face of vehement arguments from Canadian class counsel that the U.S. settlement was inadequate and improvident. This decision provides a powerful demonstration of the risks associated with litigating a class action on behalf of a global class where there are parallel proceedings in a foreign jurisdiction. As a result of the amendment to the class definition, the Canadian class was reduced by 85 per cent.
Monday, 25 March 2013 09:00
Last week, the Ontario Court of Appeal certified Lipson v. Cassels Brock & Blackwell LLP as a class proceeding, reversing a lower court decision dismissing the entire case on the basis that the proposed class’ limitation period had expired.
Monday, 25 February 2013 08:00
This month, Ontario Superior Court Justice Paul Perell certified a class proceeding on behalf of customers of the expedia.ca web site alleging that Expedia Inc. wrongfully charged service fees for which it was not entitled. Perell’s reasons emphasized the procedural nature of the certification motion which is designed to ensure an action conforms to the requirements set out in the Class Proceedings Act. This motion is not a forum to debate the merits or the utility of the action, and the certification judge’s role as gatekeeper is limited to a juridical exercise in screening claims that are not appropriate for class action treatment.