Monday, 25 April 2016 09:00

No clear path

No clear pathThe Supreme Court of Canada is normally the end of the road for contentious legal issues, regardless of which area of the law is being argued. In its long-awaited decision last December in a trilogy of secondary markets class action appeals, however, lawyers who acted on the plaintiff side and those on the defendant side of these actions were left wanting when it came to the big picture in this area.
Published in Issue Archive
Quebec’s own class action  authorization regimeQuebec stands alone in the Canadian common law legal landscape with a French-inherited legal system inspired by the Napoleonic Code. Unsurprisingly, Quebec’s class action regime differs from that of the jurisdictions surrounding it.
Published in Issue Archive
The court said the plaintiffs knew of fuel surcharges charged by airlines like Air Canada, and no class-wide damage occurred.
The court said the plaintiffs knew of fuel surcharges charged by airlines like Air Canada, and no class-wide damage occurred.
A decision from the British Columbia Supreme Court is expected to “stem the tide” of consumer protection class action claims where the plaintiffs haven’t suffered any real damage or loss.
Published in Latest News
Monday, 07 September 2015 09:00

Editorial: Building bridges

A few months ago, I was looking for a writer in Saskatoon to help with our Saskatoon city report. Some colleagues suggested I reach out to Mervin Brass, which I did. He grew up on the Key First Nation and is currently the editor and publisher of Treaty 4 News, so he’s steeped in the news and culture of aboriginal Canadians. While we were chatting about the Saskatoon story, Brass suggested Canadian Lawyer do something about the many lawyers who’ve worked with First Nations people who had the misfortune of being sent to Indian residential schools.
Published in Commentary
Cassels Brock to appeal $45-million damages in GM dealer caseJustice Thomas McEwen found Cassels Brock owed contractual and fiduciary duties to some or all of GM dealers in the class. One of the lawyers representing GM dealers in the class action against law firm Cassels Brock & Blackwell LLP says the case represents “the conflicts issue in a perfect storm.”
Published in Latest News
We are very fortunate in Canada that the class action bar — both plaintiff and defence — is relatively small and most of the major participants are well known to each other. In typical Canadian fashion, we adhere to a code of the highest integrity both in our representations to the court and in our dealings with opposing counsel. The instances where the court has reprimanded counsel for shoddy work or inappropriate conduct are exceptional. Lessons on how not to settle a class action (American style)
Published in Web exclusive content
Monday, 27 October 2014 08:00

De novo certification hearings on appeal

De novo certification hearings on appealIn August, the Ontario Divisional Court released its decision in Sherry Good v. Toronto Police Services Board, in which it found the elements required for certification had been met on appeal, reversing an earlier certification refusal in these G-20 class actions. This is despite the fact “[t]he proposed class action, as presented on this appeal, was markedly different from the proposed class action that was considered by the motion judge.”
Published in Web exclusive content
OCA confirms challenges to ‘misclassification’ overtime class actionsThe particular challenges inherent in misclassification class actions were highlighted in the recent decision of the Ontario Court of Appeal upholding the denial of certification in Brown v. CIBC.
Published in Web exclusive content
SCC takes a new approach to multi-defendant class proceedingsLast month, the Supreme Court of Canada released a decision in which it held that a representative plaintiff in a class action need not have a cause of action against each named defendant, as long as members of the class held a cause of action against each named defendant.
Published in Web exclusive content

OCA slams door on securities class actions involving foreign exchangesFollowing the 2010 Supreme Court of the United States decision in Morrison v. National Australia Bank, there was significant speculation in many quarters that Canada would become the class action haven for internationally scoped securities class actions.
Published in Web exclusive content
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