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Canadian Class Action Defence Blog

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Editor
Craig Lockwood

Partner, Disputes, Toronto

About

In Canadian Class Action Defence, we provide timely, reliable and practical information about defending national and international class actions involving Canadian courts. We share strategic insights on preventing, preparing for, managing and resolving cross-border class actions, both nationally and internationally, using specific cases or developments as the springboard for our discussion. Since Canada does not have a mechanism to centralize class actions brought in different provinces on behalf of the same class (unlike U.S. MDL), managing overlapping class actions in Canadian jurisdictions poses some unique challenges. In this blog, we consider how best to manage these challenges as well as highlighting the differences between jurisdictions.

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Latest Blog Posts

Blog Jun 29, 2023

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...

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Québec class actions: Is French required for settlement approval?
Blog Jun 20, 2023

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.

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Who’s footing the bill? Court of Appeal upholds the narrow circumstances for holding a non-party litigation lender liable for costs
Blog Jun 14, 2023

The perils of overgeneralized proposed common issues, as clarified by the Ontario Superior Court

A recent Ontario Superior Court ruling reaffirms the obligations of plaintiffs to articulate sufficiently narrow and appropriately specific proposed...

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The perils of overgeneralized proposed common issues, as clarified by the Ontario Superior Court
Blog Mar 8, 2023

“Zero times zero equals zero”: The Court of Appeal confirms that all allegations of conspiracy in class actions must be supported by “some evidence”

In a rare move, the Court of Appeal of Québec has confirmed the dismissal of an application to authorize a class action. The Court of Appeal’s...

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“Zero times zero equals zero”: The Court of Appeal confirms that all allegations of conspiracy in class actions must be supported by “some evidence”
Blog Dec 2, 2022

Class action prevails over arbitration in Pokornik v. SkipTheDishes

A recent Manitoba court decision illustrates that courts will permit class actions to proceed in the face of “after the fact” arbitration...

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Class action prevails over arbitration in Pokornik v. SkipTheDishes
Blog Nov 30, 2022

Identifying the real intruder – ONCA defines the scope of the tort of intrusion upon seclusion

The Court of Appeal for Ontario assesses the use of the tort of intrusion upon seclusion relating to personal information in the context of a...

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Identifying the real intruder – ONCA defines the scope of the tort of intrusion upon seclusion
Blog Nov 18, 2022

Recalls can be preferable to class action proceedings

In Coles v. FCA Canada Inc., 2022 ONSC 5575, the Court recently denied certification of a proposed product liability class action on the basis that...

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Recalls can be preferable to class action proceedings
Blog Nov 15, 2022

No special treatment: Securities class action stayed by CCAA Court

No special treatment: CCAA Court extends  stay of proceedings despite an attempt by the applicants in a securities class action to limit its...

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No special treatment: Securities class action stayed by CCAA Court
Blog Oct 7, 2022

The Ontario Divisional Court’s preferred approach to the preferable procedure analysis

In Curtis v. Medcan Health Management Inc., 2022 ONSC 5176 (Curtis), the Divisional Court overturned the Ontario Superior Court’s dismissal of...

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The Ontario Divisional Court’s preferred approach to the preferable procedure analysis
Blog Sep 28, 2022

British Columbia Supreme Court strikes certification application for failure to meet residency requirement

A claimant’s failure to prove standing as a British Columbia resident under section 2(1) of the Class Proceedings Act, RSBC 1996, c. 50 (CPA),...

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British Columbia Supreme Court strikes certification application for failure to meet residency requirement