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 […]
Tag Archives: class actions
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. […]
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 […]
The High Cost of a Stalled Class Proceeding
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