Limitation periods exist in litigation in order to facilitate a reasonable resolution to a legal matter. Without limitation periods, a party could choose to ignore a matter for years, and then pick it up out of the blue, dragging the other parties back into the courtroom after years of inaction. To give parties more certainty, […]
Category Archives: Class Action
Changes to the Class Proceedings Act Take Effect October 1
Bill 161, a Bill including a number of amendments to several Acts, received Royal Assent earlier this year and comes into force on October 1st. One of the Acts it amends is the Class Proceedings Act (CPA). The overall goal of the amendments to the CPA is to make the class action process more efficient […]
SCC Deems Uber Arbitration Clause “Unconscionable”
A few weeks ago, we wrote about the enforceability of arbitration clauses in various contexts. In that discussion, we mentioned an ongoing class action in Ontario called Uber Technologies v. Heller. At the time, the case was awaiting a decision from the Supreme Court of Canada with respect to the enforceability of an arbitration clause […]
Class Proceedings Expected to Surge When Courts Resume in Full
As the widespread effects of the COVID-19 pandemic continue to be felt across Canada, even as some restrictions are starting to lift in each province, legal experts and courts alike are bracing themselves for a surge of class proceedings. A recent article by the CBC points to the fact legal trends in Canada tend to […]
Cy-Pres Awards in Class Action Lawsuits
The History of Cy-Près Awards The cy-près doctrine was developed in the English courts of equity. It first arose when dealing with charitable trusts. The doctrine has a french name which translated means “so near/so close” or “as near as may be”. The tool was used where a charitable trust had become illegal, impossible or […]
Balancing Interests: Setting Legal Fees in a Class Action
Introduction The carriage of class proceedings is fraught with risk. It requires a significant commitment of resources of both labour and financing. These actions are defended strenuously. The reward, if the case is settled or won, are the legal fees. The fees requested often represent a significant percentage of the overall settlement or damage award. […]
Awarding the Carriage of a Class Proceeding
Introduction When loss on a mass scale occurs, class proceedings are sure to follow. If more than one action is commenced by multiple plaintiffs, the representative plaintiffs and their counsel must either agree to work together on one action or move in competition to one another on a carriage motion. The winner of the motion […]
Ice Breaker Settlements and Class Proceedings
Introduction An ice breaker is anything used to relieve inhibitions or acrimony between two parties or is used to open a dialogue. It is also now used to describe settlements by a plaintiff with one defendant ahead of the others in complex multi-party class proceedings. The money paid is often only a small fraction of […]
Considerations When Deciding on Motions for Adjournment
Introduction: An adjournment is a postponement of a legal proceeding. The request is made by one of the parties to the litigation. The request can be met with agreement or opposition. Even with consent, an adjournment is not made as of right and must be judicially sanctioned. In order for a court to allow an […]
Jurisdiction Matters
Introduction In April of 2013, the Rana Plaza building in Bangladesh collapsed killing and injuring thousands of people there. Many of the victims were employed to make garments for Joe Fresh, a recognizable and popular brand of clothing for Loblaws, a Canadian business. A class proceeding was commenced in Ontario seeking to recover billions of […]