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Canadian Class Action Defence Blog

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Editor
Craig Lockwood

Partner, Disputes, Toronto

About

In Canadian Class Action Defence, we provide timely, reliable and practical information about defending national and international class actions involving Canadian courts. We share strategic insights on preventing, preparing for, managing and resolving cross-border class actions, both nationally and internationally, using specific cases or developments as the springboard for our discussion. Since Canada does not have a mechanism to centralize class actions brought in different provinces on behalf of the same class (unlike U.S. MDL), managing overlapping class actions in Canadian jurisdictions poses some unique challenges. In this blog, we consider how best to manage these challenges as well as highlighting the differences between jurisdictions.

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Latest Blog Posts

Blog Mar 28, 2024

Court of Appeal upholds certification denial and dismissal of drug recall class action

A recent Court of Appeal for Ontario decision has affirmed the denial of certification and dismissal of a proposed class action arising from the 2018...

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Court of Appeal upholds certification denial and dismissal of drug recall class action
Blog Feb 15, 2024

Del Giudice dismissed: Court of Appeal shows how the certification ‘cause of action’ component can be used to end meritless claims

In a recent decision, the Court of Appeal for Ontario reaffirmed that the cause of action component of the certification test is intended to be a...

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Del Giudice dismissed: Court of Appeal shows how the certification ‘cause of action’ component can be used to end meritless claims
Blog Feb 2, 2024

‘Phoenix’ litigation: can a class action dismissed for delay be resurrected?

A growing number of proposed class actions have been dismissed for delay since a new provision of the Ontario Class Proceedings Act was introduced in...

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‘Phoenix’ litigation: can a class action dismissed for delay be resurrected?
Blog Jan 12, 2024

Court of Appeal addresses class action pleading standard for a breach of fiduciary duty claim

A recent Court of Appeal for Ontario finding demonstrates why the pleadings requirement of a class certification test can be a difficult standard to...

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Court of Appeal addresses class action pleading standard for a breach of fiduciary duty claim
Blog Dec 7, 2023

Québec class actions: strong evidence required on the merits

A recent Superior Court of Québec judgment reminds plaintiffs of the need to present strong evidence of prohibited practices to obtain a favourable...

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Québec class actions: strong evidence required on the merits
Blog Nov 7, 2023

Ontario court adjourns motion to approve litigation funding agreement

A recent Ontario Superior Court of Justice decision highlights the rights and roles of the defendant in a motion to approve third-party funding.

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Ontario court adjourns motion to approve litigation funding agreement
Blog Oct 19, 2023

Class counsel fees in Québec: No more open bar

Québec courts are increasingly scrutinizing fee agreements submitted by plaintiff lawyers in class actions, placing greater importance on fairness...

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Class counsel fees in Québec: No more open bar
Blog Jun 29, 2023

Québec class actions: Is French required for settlement approval?

A current case before the Québec Court of Appeal will likely help determine whether there is an obligation under the Charter of the French Language...

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Québec class actions: Is French required for settlement approval?
Blog Jun 20, 2023

Who’s footing the bill? Court of Appeal upholds the narrow circumstances for holding a non-party litigation lender liable for costs

A recent Court of Appeal of Ontario decision highlights that defendants may not be able to recoup their costs from non-party litigation funders.

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Who’s footing the bill? Court of Appeal upholds the narrow circumstances for holding a non-party litigation lender liable for costs
Blog Jun 14, 2023

The perils of overgeneralized proposed common issues, as clarified by the Ontario Superior Court

A recent Ontario Superior Court ruling reaffirms the obligations of plaintiffs to articulate sufficiently narrow and appropriately specific proposed...

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The perils of overgeneralized proposed common issues, as clarified by the Ontario Superior Court