In a troubling development, third party litigation funding companies are becoming increasingly involved in
Canadian class action cases.
Not exact matches
The
case involves both U.S. and
Canadian regulatory and criminal investigations and, as these things tend to go, shareholder
class action litigation.
Other public interest
cases include unpaid overtime
class actions against
Canadian banks and other employers and minimum wage
class actions on behalf of junior hockey players.
«I think as a result of that, I got some interesting, complex
cases and had some prominent lawyers appearing in front of me,» he says, citing the overtime, Tim Hortons franchise, and Green v.
Canadian Imperial Bank of Commerce
class actions as some of the major
cases he handled during his time on the Superior Court bench.
[2] In the
case at bar, which is a proposed
class action, without obtaining court permission, Via Rail Canada Inc. («Via Rail») and
Canadian National Railway Company («CNR»), the defendants in the proposed
class action, communicated with several putative
class members, who had been passengers on a train that derailed on route to Toronto.
Unlike the comprehensive Indian Residential Schools Settlement Agreement (IRSSA), which was implemented by the government in September 2007 and remains the largest
class action settlement in
Canadian history, Sixties Scoop lawsuits remain stuck in the deathly pipeline of legal litigation facing strong governmental resistance (Ontario's Sixties Scoop is no exception as the
case was bitterly fought and litigated for eight years).
In spite of the outcomes in both
cases, the CAT's ready acceptance of the proposed
class representatives, its flexibility in regard to litigation funding, and its affirmation of the
Canadian approach to collective
action, are all likely to give heart to prospective claimants.
In the
case of IMAX, the
class action brought in
Canadian court by all global investors coexists with a
class action brought in U.S. court by NASDAQ purchasers.
Recognized as leading
Canadian lawyers in product liability defence, we have handled precedent - setting
cases, including the first medical device
class action to go to trial in Canada.
Lead trial counsel in the first medical products
class action / common issues trial tried to verdict in Canada (146 trial days), successfully defending one of the world's leading manufacturers of life - saving cardiac devices in a national
class action claiming more than a billion dollars in damages (awarded 2013
Canadian Product Liability Impact
Case of the Year by LMG Life Sciences)
In the meantime, two further secondary market liability
cases had come before the Court of Appeal on appeal: Green v.
Canadian Imperial Bank of Commerce (2012 ONSC 3637), in which Justice Strathy reluctantly declined to certify a
class action because it was time - barred by the three - year limitation period; and Silver v. IMAX (2012 ONSC 4881), in which Justice van Rensburg granted an order issuing retroactive leave under s. 138.8 of the OSA to allow the claim to proceed.
This
case involved a large firm in Saskatchewan, McKercher LLP («McKercher»), that had accepted a retainer to act against the
Canadian National Railway Company («CN») in a
class action lawsuit notwithstanding the fact that it was acting for CN on a variety of unrelated matters.
Canadian courts continue to struggle with how to deal with national
class actions, as demonstrated in an Ontario Court of Appeal decision on whether an Ontario judge could sit together with colleagues from other provinces to consider the Hepatitis C
case.