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Canadian Class Action Defence Blog 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 January 11, 2017

When can a defendant appeal from the authorization of a class action? The Québec Court of Appeal rules

The new Code of Civil Procedure, in force since January 1st, 2016, brought important changes to the class action regime. By the...

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Blog December 9, 2016

No “ransom fees” allowed: Class action fee sharing agreement rejected

Can class counsel enter into “fee sharing agreements” in order to avoid carriage motions and stay late arriving rival class actions? In...

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Blog November 30, 2016

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...

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Blog November 25, 2016

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...

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Blog November 17, 2016

“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...

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Blog November 9, 2016

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...

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Blog November 1, 2016

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...

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Blog October 28, 2016

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...

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Blog October 20, 2016

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...

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Blog October 13, 2016

“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...

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