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Published on: 26 Apr 2022 By

Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court

In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse.   The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…

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Published on: 13 Apr 2022 By

Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?

In O’Brien v. Maxar Technologies Inc., Justice Akbarali declined to grant the plaintiffs’ motion for leave to proceed with claims under section 138.3(1) of the Ontario Securities Act (“OSA”), concluding that there was no reasonable possibility that the action would be resolved in favour of t…

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Published on: 8 Mar 2022 By

Getting it right in Ontario courts’ treatment of honoraria – Doucet and Redublo

In the event of a successful monetary settlement in a class proceeding, courts may order that additional compensation, in the form of a payment called an honorarium, be paid to a representative plaintiff who has meaningfully contributed to advancing litigation on behalf of the class. Honorar…

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Published on: 10 Feb 2022 By

First reported decision on s. 29.1 of the amended CPA – Bourque v Insight Productions

In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 (“CPA”), dismissing a putative class action for delay. Section 29.1 provides that, on a motion, the court must dismiss a putative class proceeding for delay unless, by the first…

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Published on: 9 Feb 2022 By

What can I do if I disagree with a class action settlement?

Class actions are regularly resolved by way of settlement. Unlike settlements in other types of litigation, class action settlements must be approved by the court. Once approved, the settlement is binding on all class members who did not opt-out of the action. Prior to the settlement approva…

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Published on: 5 Jan 2022 By

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…

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