class actions

  • New framework to be used for foreign claimants

    New framework to be used for foreign claimants

    Oct 30, 2017

    The Ontario Court of Appeal has outlined a new framework to be used when deciding if there is jurisdiction over foreign claimants within a global class action that originates in this province.

  • Legal community watching class action

    Legal community watching class action

    Oct 2, 2017

    A proposed class action against a Toronto personal injury firm has been closely watched by the legal community because of the dispute over whether costs can be part of a retainer agreement in addition to amounts paid out as a result of a contingency fee.

  • Winnipeg Royal Ballet class action underway

    Winnipeg Royal Ballet class action underway

    Sep 11, 2017

    In a recent class action filed against the Winnipeg Royal Ballet, former students are asserting claims based upon breach of privacy in relation to intimate photos taken by an instructor and then posted online.

  • Arrangement examined

    Arrangement examined

    Sep 11, 2017

    The newest player in the Ontario litigation funding market has just presented its unique funding arrangement for approval in a class action for the first time. In the case of Houle v. St Jude Medical Inc, which addresses the marketing of deficient defibrillators, the third-party funder, Bentham Canada, has put its arrangement on the Ontario Superior Court’s table.

  • ‘Excessive overpleading’ attracts cost consequences

    ‘Excessive overpleading’ attracts cost consequences

    Sep 11, 2017

    As the risk of unsuccessful certification applications diminishes, Ontario courts are coming down hard on the practice of overpleading, saying it is unnecessary and wasteful, and leveraging cost consequences to emphasize the point.

  • Public law class actions pose special challenges

    Public law class actions pose special challenges

    Sep 5, 2017

    Launching class actions against the government and its institutions requires a different set of strategies from class actions against private entities. Lawyers are educating themselves on how to tackle a defendant with unlimited resources but a vulnerability to public pressure.

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