W. David Rankin W. David Rankin

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...

Can counterclaims be certified as class actions?

Counterclaims are not often certified as class proceedings. But can they be? In Thorne v. College of the North Atlantic, a panel of three judges of...

Québec Court of Appeal finds aspects of the proposed co-operative capital markets model unconstitutional

The Québec Court of Appeal has concluded that while the governance framework for the co-operative capital markets regulatory regime is...

Alberta Court of Appeal affirms finality of class action settlements

The Alberta Court of Appeal recently affirmed the fundamental importance of finality in class actions, particularly the finality of settlement...

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...

‘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...

Attempt To Revive Failed Certification Fails

What happens when a change in the law arguably gives fresh life to a previously failed certification motion? Justice Perell reminds us in the latest...

The Poseidon Adventure, Part II – Big Win for Bankers Confirmed On Appeal

The Ontario Court of Appeal has confirmed an important decision limiting the exposure of investment banks to secondary market misrepresentation class...