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…
View the post titled Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?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…
View the post titled Getting it right in Ontario courts’ treatment of honoraria – Doucet and RedubloFirst 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…
View the post titled First reported decision on s. 29.1 of the amended CPA – Bourque v Insight ProductionsWhat 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…
View the post titled What can I do if I disagree with a class action settlement?Civil Liability and COVID-19
COVID-19 mandates have become increasingly politicized over recent months. The many who descended on Parliament Hill in late January to protest COVID-related government restrictions are one extreme example of the rising dichotomy in Canada. However, what many Canadians may be unaware of is t…
View the post titled Civil Liability and COVID-19Litigation 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 TerritoryHow do I join a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Together, these people form a “class” and are referred to as “class members.” In Ontario and most other provinces,1 class actions …
View the post titled How do I join a class action?Conspiracy theory: Is price-matching illegal?
Federal Court decision sheds light on the difference between unlawful conspiracies and “conscious parallelism”. You pull up to a major intersection. There’s a gas station on every corner. You notice one of the stations is raising the price on its sign by a few cents higher than i…
View the post titled Conspiracy theory: Is price-matching illegal?What 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, nothingUpheld: plaintiffs win common issues trial after 24 years of institutional abuse
In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common is…
View the post titled Upheld: plaintiffs win common issues trial after 24 years of institutional abuseReceive Blog Posts
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