Sentences with phrase «class counsel commenced»

In this case, Class Counsel commenced this lawsuit over five years ago and have spent an enormous amount of time prosecuting the lawsuit.

Not exact matches

2 Cumming J. in Vitapharm Canada Ltd. v. F Hoffman - Laroche Ltd., [2000] O.J. No. 4594 (S.C.J.) noted the following factors to aid in determining a carriage motion: the nature / scope of the causes of action advanced, the respective theories advanced to support the claims, the state of each action, the number and extent of involvement of the proposed representative plaintiffs, the relative priority of commencing the class actions, and the resources and experience of counsel.

In addition, while the Court cautioned that it may exclude counsel due to prior misconduct, such as «commencing class actions, not pursuing them, and then using them to demand ransom from other counsel in carriage disputes,» it could not be said that the motion judge was unaware of the issue, or that he erred in awarding carriage despite MLG's participation in the Rochon Group.

In Attis v. Attorney General, Cullity, J. held that where class plaintiffs» counsel supposedly failed to explain their potential costs exposure to them, the solicitor acted without authority in commencing the action.