Class Action Defence Class Action Defence

Appellate Court Splits On Evidentiary Threshold For Certification

Evidence is required to establish “some basis in fact” for the procedural preconditions to certification. This requires certification...

Data Breach: Hackers are the “Real Villains” & Minimal Harm to the Class

In a recent development in data breach class actions in Canada, Justice Perell of the Ontario Superior Court of Justice, while approving the class...

Data Breach: Hackers are the “Real Villains” & Minimal Harm to the Class

In a recent development in data breach class actions in Canada, Justice Perell of the Ontario Superior Court of Justice, while approving the class...

Saskatchewan Court Approves Third Party Funding Without Notice to Defendants

Should a court hear from a defendant before approving third party funding of a class action against that defendant? As we have previously commented...

Ontario Court Of Appeal Confirms Importance Of Weighing Defence Evidence

The Ontario Court of Appeal recently confirmed the importance of defence evidence when opposing leave to bring statutory misrepresentation claims...

Ontario Court of Appeal Emphasizes Access to Justice over Concerns regarding Individual Issues

The Ontario Court of Appeal in Fantl v. Transamerica Life Canada dismissed an appeal of a Divisional Court ruling, confirming the certification of an...

Consumer Class Actions in respect of Pricing Disclosure: The Québec Superior Court Refuses to Certify a “Drip Pricing” Class Action in Quebec

There have been a number of recent class actions commenced in Canada relating to pricing disclosure – and in particular, the alleged practice of...

Court Reiterates Threshold for Settlement Approval: Class Counsel Must Lead Substantive Evidence on the Reasonableness of the Settlement

In a recent decision by the Ontario Superior Court of Justice, Justice Belobaba reiterated the need for parties seeking court approval of a...

‘No Litigation Should Be Extortionate’: Disqualifying Representative Plaintiffs

A business subject to a class action receives a “without prejudice” letter from a potential class member offering to settle a small personal...

BC Court Refuses to Certify Smart Meter Radio Emissions Class Action

The BC Supreme Court’s recent refusal to certify a class action in Davis v British Columbia Hydro and Power Authority re-affirms that although the...