Class Action
Michael Ford (post until Oct. 31/19)
profile
Appeal court certification decision 'surprising'

The Alberta Court of Appeal released a "surprising decision" in which it has imported the obligation of establishing evidence of class-wide loss from the specialized field of price-fixing actions to a claim rooted in breach of contract and breach of fiduciary duty causing a depreciation in share price, Toronto class-action lawyer Margaret Waddell writes in Canadian Lawyer . Finding there was no evidence adduced by the plaintiff   demonstrating a method of proving aggregate loss on a ... Read more

profile
Class action opt out doesn't mean 'wait and see'

Toronto class-action lawyer Margaret Waddell  and co-counsel Sam Marr have successfully argued before the Ontario Superior Court that former class members who exclude themselves from a class action should only be permitted to opt back into the proceeding if there's evidence of misinformation or improper conduct during the opt out period. The case, involving the ParkLane Financial Group Ltd and Michael Cannon, may represent the first time where courts have considered the circumstances ... Read more

profile
Feeling good and the top five civil appeals

By Brian Radnoff April is always a busy month, with Passover, Easter and the NHL and NBA playoffs.  Although we may not have many Canadian teams to cheer for in the NHL playoffs, we do have the Raptors, Canada's only NBA team, entering the playoffs after a surprisingly good regular season. Read More at Lerners Appellate Group Blog   Read more

profile
Directors at risk in overtime class actions

Three Ontario Court of Appeal decisions on overtime class actions have confirmed the viability of this somewhat new area of class action that was previously “unexplored and highly uncertain” in this province, Toronto class-action lawyer  Margaret Waddell  writes in  Canadian Lawyer. Waddell, partner with  Paliare Roland Rosenberg Rothstein LPP , says that while overtime class actions are an established and substantial industry in the United States, Ontario courts have now set a “clear road ... Read more

profile
No province a 'haven' for class actions: Waddell

Toronto class-action lawyer  Margaret Waddell  says it would be a mistake to label any Canadian jurisdiction a “haven” for class actions. In an interview with  AdvocateDaily.com , she says that while the Supreme Court of Canada has recognized in the recent  Vivendi Canada Inc. v. Dell’Aniello   decision that the test for certification under the Quebec Code is less onerous than the test in common-law provinces, that does not make Quebec the “preferred” venue for class actions. “Certainly, ... Read more

profile
Leave to appeal dismissed in Manulife class action

A motion for leave to appeal a decision certifying a class-action lawsuit against Manulife Financial Corp. (MFC)  has been dismissed by the Divisional Court, says Toronto class-actions lawyer Michael Wright . The motion, filed by Manulife, comes after a July 2013 decision to certify the lawsuit, which Wright describes as “one of the largest securities class actions ever certified and granted leave under the Securities Act in Canada.” In Dugal v. Manulife Financial , the plaintiffs ... Read more

profile
SCC ruling may ease certification for class actions

The last in a series of important class action certification decisions released last year by the Supreme Court of Canada was “an exclamation mark” on a good year for plaintiffs, Toronto commercial and class action litigator  Brian Radnoff  writes in  Lawyers Weekly. The decision in  AIC   Limited v. Fischer , which was a proposed class action against mutual fund managers who engaged in “market timing,” provided important clarification on the test to determine the “preferable procedure” when ... Read more

profile
Radnoff to chair class actions program

Toronto commercial and class action litigator  Brian Radnoff  will chair an upcoming Osgoode Professional Development program, aimed at updating lawyers on changes following the Supreme Court of Canada’s recent decisions in three class actions involving indirect purchasers. “ Critical Case Update: The Future of Class Actions by Indirect Purchasers ” will examine a trio of Supreme Court of Canada cases –  Pro-Sys Consultants v. Microsoft, Sun-Rype Products v. Archer Daniel Midlands ... Read more

profile
Decision clarifies preferability on certification motions

Prior to the Supreme Court of Canada’s recent decision in  AIC Limited v. Fischer ,  there was no consistent measure by which the courts were assessing “access to justice” as part of the preferability test, writes Toronto class-action lawyer Margaret Waddell in Canadian Lawyer . “Until Fischer was released, preferability was generally considered to be a largely discretionary assessment undertaken by the certification judge — typically on a limited evidentiary record,” writes Waddell, ... Read more

profile
One-third contingency fee agreements welcome

An Ontario Superior Court justice’s decision to afford presumptive validity to one-third contingency fee agreements is positive, and brings Ontario in line with other provinces, Toronto class-action lawyer Margaret Waddell says in Law Times . Justice Edward Belobaba initially approved legal fees of 25 per cent after a partial settlement in a case dealing with a charity tax receipt scheme and asked for written submissions to convince him that the 33-per-cent fee agreed to in the retainer ... Read more

profile
SCC decision to impact future of securities class actions

The Supreme Court of Canada’s decision to allow a class action to proceed against a group of mutual fund managers accused of “market timing” will likely have a significant impact on the number of securities class actions in Canada, Toronto civil and commercial litigator  Brian Radnoff  tells  CBC News . “This is an important case because it deals with the intersection between provincial securities proceedings and the ability to bring a class action based on the same conduct,” says Radnoff, a ... Read more

profile
SCC decisions may mean more consumer class actions

By Brian Radnoff On October 31, 2013, the Supreme Court of Canada released three important judgments dealing with whether consumers can sue manufacturers who are involved in conspiracies that increase the prices of the products that consumers purchase. Each of the three cases,  Pro-Sys Consultants v. Microsoft ,  Sun-Rype Products v. Archer Daniel Midlands Company  and  Infineon Technologies v. Option Consommateurs , is a class action in which the defendants are alleged to have been ... Read more

profile
Class action decision clarifies rules on overlapping plaintiffs

A recent decision in the  Silver v. IMAX  case should have a positive impact on the willingness of defendant issuers to settle class actions – good news for both defendants and plaintiffs in terms of resolving litigation without an expensive, time consuming and risky trial, says Toronto litigator  Brian Radnoff . Ruling on a motion in the case relating to the overlapping class proceedings in Ontario and the United States, Ontario Superior Court Justice Katherine van Rensburg held that a ... Read more

profile
RCMP discrimination class action may be difficult to certify

Uniqueness of claims and different histories likely mean it will be an uphill battle for more than 200 potential plaintiffs to have their gender discrimination lawsuit against the RCMP certified as a class action, says Toronto litigation and class action lawyer  Brian Radnoff . It was recently reported that both the RCMP and the government are opposing class-action certification of a discrimination lawsuit by female officers, arguing that the class is hard to define and the officers’ ... Read more

Lawyer Directory
BridgePoint Financial Services (post to 5.31.19)Toronto Lawyers Association (post to 6.30.19)MKD International (post until Sept. 30/19)Feldstein Family Law (post until May 31/19)Jordana Goldlist (post until Sept. 30/19)Stancer Gossin Rose Ryerson LPPWilliams Family Law Erin Simpson Family Law