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Balancing Interests: Setting Legal Fees in a Class Action

Introduction The carriage of class proceedings is fraught with risk. It requires a significant commitment…

Awarding the Carriage of a Class Proceeding

Introduction When loss on a mass scale occurs, class proceedings are sure to follow. If…

Unjust Enrichment by Wrongdoing & Waiver of Tort

Introduction The meaning of the term “waiver of tort” is by no means clear. At…

Ice Breaker Settlements and Class Proceedings

Introduction An ice breaker is anything used to relieve inhibitions or acrimony between two parties…

Incorrectly Named Defendants – Misdescription or Misnomer?

Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct…

Considerations When Deciding on Motions for Adjournment

Introduction: An adjournment is a postponement of a legal proceeding. The request is made by…

Piercing the Corporate Veil: A Case Study

Introduction: We have previously written about the circumstances under which our courts will pierce the…

Do Courts Have the Discretion to Override Arbitration Clauses?

Contracting parties normally have their remedy for breaches through the court process. However, they may…

Jurisdiction Matters

Introduction In April of 2013, the Rana Plaza building in Bangladesh collapsed killing and injuring…

Listeria Hysteria and Duty of Care

Introduction In 2008, Maple Leaf Foods (“MLF”) (two companies) was notified by the Canadian Food…