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 […]
Category Archives: Class Action
Unjust Enrichment by Wrongdoing & Waiver of Tort
Introduction The meaning of the term “waiver of tort” is by no means clear. At its strongest, it has been described as an independent cause of action that does not require the plaintiff to prove any damage suffered by them as a result of the wrongful conduct of the defendant. The remedy would be disgorgement […]
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 […]
Incorrectly Named Defendants – Misdescription or Misnomer?
Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct legal name. Despite searches and inquiries, the ignorance may continue with the defendant being improperly named in the Statement of Claim. What happens then when the claim is served on the right person but has incorrectly spelled or identified the […]
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 […]
Piercing the Corporate Veil: A Case Study
Introduction: We have previously written about the circumstances under which our courts will pierce the corporate veil. The issue is always a tempting one. Stepping over the line, however, is not terribly easy. The temptation of collecting multiple millions for deserving plaintiffs is strong, as seen below, but carries with it considerable risk. In this […]
Do Courts Have the Discretion to Override Arbitration Clauses?
Contracting parties normally have their remedy for breaches through the court process. However, they may agree in advance to have any differences that arise resolved through mandatory and binding arbitration. Section 7(1) of the Ontario Arbitration Act (the “Act“) allows a party of such an agreement, if the other commences a lawsuit, to apply to […]
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 […]
Listeria Hysteria and Duty of Care
Introduction In 2008, Maple Leaf Foods (“MLF”) (two companies) was notified by the Canadian Food Inspection Agency (“CFIA”) that some of their ready to eat meats (“RTE”) they produced for human consumption were contaminated with listeria in sufficient concentrations to be dangerous. In fact, several people fell seriously ill and some died as a result […]
The High Cost of a Stalled Class Proceeding
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