Class Actions

Is it time to abandon the ninety-day rule? Has the Time Come to Amend Section 2(3) (the “Ninety-Day Rule”) of the Class Proceedings Act, 1992? Section 2(3) of the Class Proceedings Act, 1992 (CPA) requires that a certification motion be made “within ninety days.”1 The timing of the certifica…

In Van Breda,[1] a recent decision of the Supreme Court of Canada, the Court articulated a test which, if satisfied, allows Canadian courts to adjudicate disputes against persons who are not physically present in their territory. It is often particularly important to persons who have potenti…

This paper answers the question – why should you pay attention to a class action notice. To answer this question, it is necessary to provide some background regarding the content and purpose of class action notices. Introduction This paper answers the question – why should you pa…

The Preferred Approach to Resolving Issues of Pass Through in Antitrust Claims (Presented at the 2012 International Cartel Workshop. American Bar Association. Feb 1-3, 2012) Introduction Just as numerous countries around the world begin to address civil claims for cartel conduct and decide o…

Introduction Although numerous price-fixing conspiracy class actions have been commenced in Canada, only a relatively small number have proceeded to a contested certification motion.  For those that have proceeded to a contested certification, one of the main challenges for plaintiffs has be…

Introduction In Canada, price-fixing conspiracy class actions are relatively novel.  Although many cases have been commenced, the vast majority of those have been resolved through settlement.  An analysis of the decisions to date, along with decisions in other substantive areas of law, howev…