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Environmental

Update on Environmental Class Action Lawsuits

Written by on March 04, 2016.

On February 23, 2016, environmental lawyer Paula Boutisspoke at the Commons Institute’s annual environmental law seminar on the topic of Class Actions in Environmental Law. Her major conclusion? Traditional environmental law torts of strict liability, nuisance, trespass, and negligence, particularly for historical contamination, are difficult to certify as class actions for both procedural and substantive law reasons. After a long and complex history, only one case that has been certified...

National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc

Written by and on March 21, 2014.

On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the rights of Manitoba residents. In reaching this conclusion, the Court of Appeal confirmed that common issues, shared between resident and non-resident class members, can form a presumptive connecting factor for...

Towards a New Class Action Certification Costs Framework?

Written by and on March 07, 2014.

Introduction In a succession of decisions issued in November 2013, Justice Belobaba articulated a new framework for determining the appropriate level of costs to be awarded on class action certification motions.[1]  Citing the fundamental objective of access to justice, Belobaba J. expressed a preference for a no costs regime in class proceedings.  His Honour indicated that granting costs awards following certification motions required further transparency and more reliable metrics, notwithst...

Class Actions under the Microscope: The Law Commission of Ontario’s Class Actions Project

Written by on January 23, 2014.

It has been just over twenty years since the Ontario Class Proceedings Act came into force. Since then, there have been many landmark class actions and there has been a significant amount of case law building on the framework of the Class Proceedings Act. It has been just over twenty years since the Ontario Class Proceedings Act came into force. Since then, there have been many landmark class actions and there has been a significant amount of case law building on the framework of the Class Proce...