Litigation Autonomy, Class Actions, and Unexplored Territory
Analyzing the Superior Court’s decision in Brazeau v. Canada (Attorney General), 2021 ONSC 8158 Introduction Ontario’s Class Proceedings Act, 1992 (the “CPA”) divides class actions into different stages, contingent on whether the litigation is focused on collective or individual issues. A pr…
View the post titled Litigation Autonomy, Class Actions, and Unexplored TerritoryWhat is a fair share? Sometimes, nothing
In a recent decision, the Ontario Superior Court denied a paralegal’s motion to be paid for efforts of questionable significance Class actions often involve matters of public interest. In some cases, this might drive multiple individuals to initiate separate lawsuits or class actions involvi…
View the post titled What is a fair share? Sometimes, nothingHughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct Defence
On April 17, 2019 the Court of Appeal of Ontario released its decision in Hughes v. Liquor Control Board of Ontario, 2019 ONCA 305 [Hughes]. The Court of Appeal’s decision provides guidance to counsel on the scope of the Regulated Conduct Defence (the “RCD”). The RCD is a defence in the Comp…
View the post titled Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct DefenceMandatory Arbitration Provisions in the Class Action Context
Mandatory Arbitration Provisions in the Class Action Context: TELUS Communications Inc. v. Wellman, 2019 SCC 19 On April 4, 2019, the Supreme Court of Canada issued reasons in TELUS Communications Inc. v. Wellman. The Supreme Court’s 5-4 decision provides important guidance on the applicabil…
View the post titled Mandatory Arbitration Provisions in the Class Action ContextOntario Securities Commission Provides Millions in Compensation to Whistleblowers
On February 27, the OSC announced awards of $7.5 million to three whistleblowers in connection with three separate matters. The awards are the first of their kind by a Canadian securities regulator. In a news release, the OSC said the awards were the result of the whistleblowers’ “timely, sp…
View the post titled Ontario Securities Commission Provides Millions in Compensation to WhistleblowersTELUS v. Wellman – Siskinds lawyers represent consumer association in the Supreme Court of Canada
On November 6, Siskinds represented the Intervener Consumers’ Association of Canada (“CAC”) in the Supreme Court’s hearing of TELUS v. Wellman. The Court’s decision could have major implications on Canadians’ access to the civil justice system. The Wellman appeal arose from a certified class…
View the post titled TELUS v. Wellman – Siskinds lawyers represent consumer association in the Supreme Court of CanadaWhat Does it Take to be a Representative Plaintiff in a Class Proceeding?
In most class actions, class counsel represent class members in Court. One class member, the “representative plaintiff,” has important responsibilities with special duties to absent class members. Ontario’s class proceeding legislation requires that each class action have a representative pl…
View the post titled What Does it Take to be a Representative Plaintiff in a Class Proceeding?R v. Comeau – Siskinds Lawyers Represent Canadian Consumers in the Supreme Court of Canada in “Free the Beer” Case
On December 6 and 7, I appeared alongside my Siskinds colleagues Paul Bates and Ron Podolny in the Supreme Court of Canada for the hearing of R v. Comeau. Siskinds represented the Interveners Consumers Council of Canada (“CCC”), Canada’s leading general interest consumer advocacy organizatio…
View the post titled R v. Comeau – Siskinds Lawyers Represent Canadian Consumers in the Supreme Court of Canada in “Free the Beer” CaseAnd Who is my Neighbour? Superior Court Rejects Proposed Class Action by Survivors of the Rana Plaza Disaster
Introduction In April 2013, Rana Plaza – an unsanctioned commercial building on the outskirts of Dhaka, Bangladesh home to several clothing manufacturers – collapsed. The failure was driven in part by the industrial equipment required to manufacture garments in the building, which had a poor…
View the post titled And Who is my Neighbour? Superior Court Rejects Proposed Class Action by Survivors of the Rana Plaza DisasterReceive Blog Posts
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