Class Action Defence Class Action Defence

Cold Shoulder: BC Court Denies Certification Finding No “Identifiable Class”

A recent decision by the British Columbia Supreme Court denying class certification illustrates the Court’s continued insistence on the...

Québec Courts Streamline Multijurisdictional Class Actions

As a result of Canada’s federal system, it is common for a defendant to face multiple class proceedings filed in various provinces in respect...

“Who Did I make a Deal with?”: Quebec Court Authorizes Consumer Class Action for False Representations Against a Franchisor

In the recently decided case Cantin c. Ameublements Tanguay inc., 2016 QCCS 4546 (the “Cantin Case”), the Superior Court of Quebec...

No need for a “Plain Jane Plaintiff”: Pre-Certification Discovery and Challenging the Representative Plaintiff

Just how “representative” should a representative plaintiff be? That question was at the heart of a pre-certification discovery motion in...

Lessons from privacy breach class action settlement in Canada

The case suggests that class members must be prepared to demonstrate actual harm suffered arising from a privacy breach in order to receive...

Who is a Consumer? Consumer Protection Claims Where Consumers Cannot be “Objectively” Identified

A developing line of British Columbia certification decisions provides a strong basis to resist certification of consumer protection claims where the...

When Class Members Oppose A Class Settlement: B.C. Court Approves Settlement Despite Objections Of Certain Class Members

In Jones v. Zimmer GMBH, 2016 BCSC 1847, Justice Bowden of the B.C. Supreme Court recently approved settlement of a class action despite the...

When Class Members Oppose A Class Settlement: B.C. Court Approves Settlement Despite Objections Of Certain Class Members

In Jones v. Zimmer GMBH, 2016 BCSC 1847, Justice Bowden of the B.C. Supreme Court recently approved settlement of a class action despite the...

Taking the Show on the Road: Class Action Judges Can Sit Outside their Province

The Supreme Court of Canada held in Endean v. British Columbia that superior court judges in British Columbia and Ontario have broad statutory...

“Impermissible Attempt” to Avoid Restrictions on Secondary Market Class Actions Rejected by Court of Appeal for Ontario

The Court of Appeal for Ontario has recently confirmed that the Securities Act provides a circumscribed route for class actions alleging secondary...