Canadian Class Action Defence Blog

Settlement surprise: Québec courts reject class action settlements

In recent months, Québec courts have demonstrated a rigorous approach to the approval of class action settlements, underscoring their commitment to...

Court of Appeal upholds certification denial and dismissal of drug recall class action

A recent Court of Appeal for Ontario decision has affirmed the denial of certification and dismissal of a proposed class action arising from the 2018...

Del Giudice dismissed: Court of Appeal shows how the certification ‘cause of action’ component can be used to end meritless claims

In a recent decision, the Court of Appeal for Ontario reaffirmed that the cause of action component of the certification test is intended to be a...

‘Phoenix’ litigation: can a class action dismissed for delay be resurrected?

A growing number of proposed class actions have been dismissed for delay since a new provision of the Ontario Class Proceedings Act was introduced in...

Court of Appeal addresses class action pleading standard for a breach of fiduciary duty claim

A recent Court of Appeal for Ontario finding demonstrates why the pleadings requirement of a class certification test can be a difficult standard to...

Québec class actions: strong evidence required on the merits

A recent Superior Court of Québec judgment reminds plaintiffs of the need to present strong evidence of prohibited practices to obtain a favourable...

Ontario court adjourns motion to approve litigation funding agreement

A recent Ontario Superior Court of Justice decision highlights the rights and roles of the defendant in a motion to approve third-party funding.

Class counsel fees in Québec: No more open bar

Québec courts are increasingly scrutinizing fee agreements submitted by plaintiff lawyers in class actions, placing greater importance on fairness...

Québec class actions: Is French required for settlement approval?

A current case before the Québec Court of Appeal will likely help determine whether there is an obligation under the Charter of the French Language...

Who’s footing the bill? Court of Appeal upholds the narrow circumstances for holding a non-party litigation lender liable for costs

A recent Court of Appeal of Ontario decision highlights that defendants may not be able to recoup their costs from non-party litigation funders.