Class Action

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... Read more

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. Read more

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. Read more

Decision clarifies preferability on certification motions

Prior to the Supreme Court of Canada’s recent decision in  Read more

One-third contingency fee agreements welcome

An Ontario Superior Court justice’s decision to afford presumptive validity to one-third contingency fee ag... Read more

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. Read more

SCC decisions may mean more consumer class actions

By Brian Radnoff . Prior to these decisions, the law in Canada was uncertain whether these so called “indirect purchasers” could bring an action for the damage they suffer. The Supreme Court of Canada has decided that indirect purchasers can sue manufacturers in these situations, despite the fact they did not purchase the product that was subject to the conspiracy directly from one of the alleged conspirators. This is a very important issue for class actions and competition law in Canada. These decisions will facilitate consumers bringing class actions in these situations. Read more

Class action decision clarifies rules on overlapping plaintiffs

“When class actions are proceeding in the U.S. and Canada, there is likely to be overlap in the class members in these types of actions. Where the action brought in one jurisdiction settles, defendants need to know to which class members the settlement applies. Settlement of class actions will be fostered when the defendants know that a settlement definitely applies to certain class members, and that those class members cannot continue what is essentially the same claim for the same losses in another jurisdiction,” he explains. Read more