Class Action Defence Class Action Defence

The Court of Appeal asserts jurisdiction over absent foreign claimants in Canadian class action

In cases involving international investigations and enforcement actions, it is now common for class plaintiffs to seek collective relief on behalf...

In memoriam Keatley Surveying: A retrospective on lessons learned

After seven years of litigation, Keatley Surveying Ltd. v. Teranet Inc. is no more (unless the plaintiff attains leave to appeal to the Supreme Court...

Standard form contracts: B.C. court confirms preferability of class proceeding

In considering a proposed class action by individuals from the United Arab Emirates who had been recruited as candidates for employment in...

“Who did I make a deal with?” – the sequel: Québec Court of Appeal confirms authorization of a consumer class action for false representations against a franchisor

On November 17, 2016, we published a blog post on a Superior Court of Québec judgment that authorized a consumer class action against, among others,...

Don’t throw away your shot: BC court confirms parties can’t relitigate claims

When advancing a claim, litigants have only one shot, so they need to put their best foot forward. That is the takeaway from the British Columbia...

Court of Appeal provides guidance on aggregate damages for loss of chance

Can damages be awarded on a class-wide basis for a lost opportunity to negotiate a better deal? If so, how will courts quantify the aggregate damages...

Ontario Court says auditor is liable to “its client’s clients” for investment losses

In the recent decision of Lavender v. Miller Bernstein, Justice Belobaba writing for the Ontario Superior Court found an auditor liable for the...

Common issues not remotely common? Two appeals courts disagree

Hodge v. Neinstein is an interesting case that we have written about a number of times over the past few years. The action involves a representative...

Cy-près funds are not for individual class members’ benefit, finds Ontario Court

In cases where it is not possible or practical to give all of the money from a class action settlement directly to class members, or where funds are...

Ontario Court refuses to convert individual action into class proceeding

In its recent decision in Lou v London Life Insurance Company, 2017 ONSC 4188, the Ontario Superior Court of Justice dismissed a motion to convert an...