Sentences with phrase «class proceeding act»

This past Friday the Supreme Court of British Columbia released the May 6 decision in Koubi v. Mazda Canada Inc. [Mazda], certifying a class - action under the Class Proceeding Act (CPA) on behalf of representative who purchased 17,909 Mazda3 vehicles between 2004 and 2007 over an alleged door lock defect.

Not exact matches

Although it will be incredibly difficult to ever match his contributions on the pitch, it's vitally important for a former club legend, like Henry, to publicly address his concerns regarding the direction of this club... regardless of those who still feel that Henry has some sort of agenda due to the backlash he received following earlier comments he made on air regarding Arsenal, he has an intimate understanding of the game, he knows the fans are being hosed and he feels some sense of obligation, both professionally and personally, to tell it like he sees it... much like I've continually expressed over the last couple months, this team isn't evolving under this current ownership / management team... instead we are currently experiencing a «stagnant» phase in our club's storied history... a fact that can't be hidden by simply changing the formation or bringing in one or two individuals... this team needs fundamental change in the way it conducts business both on and off the pitch or it will continue to slowly devolve into a second tier club... regardless of the euphoria surrounding our escape act on Friday evening, as it stands, this club is more likely to be fighting for a Europa League spot for the foreseeable future than a top 4 finish... we can't hope for the failures of others to secure our place in the top 4, we need to be the manufacturers of our own success by doing whatever is necessary to evolve as an organization... if Wenger, Gazidis and Kroenke can't take the necessary steps following the debacle they manufactured last season, their removal is imperative for our future success... unfortunately, I strongly believe that either they don't know how to proceed in the present economic climate or they are unwilling to do whatever it takes to turn this ship around... just look at the current state of our squad, none of our world class players are under contract beyond this season, we have a ridiculous wage bill considering the results, we can't sell our deadwood because we've mismanaged our personnel decisions and contractual obligations, we haven't properly cultivated our younger talent and we might have become one of the worst clubs ever when it comes to way we handle our transfer business, which under Dein was one of our greatest assets... it's time to get things right!!!

Trump urged senators to repeal the Affordable Care Act's health insurance mandate and use the proceeds to slash the top tax rate paid by the richest Americans — a suggestion that pitted his priorities against his daughter, Ivanka, and Republican senators intent on helping the middle class.

Because the act of rebalancing requires the selling of an asset class that is «overvalued» and using the proceeds to purchase another asset class that is «undervalued.»

[1] This is an appeal from the decision of Horkins J., dated December 14, 2012, denying a motion to certify a class proceeding under the Class Proceedings Act, 1992, S.O. 1992 c. 6 («CPA&raqclass proceeding under the Class Proceedings Act, 1992, S.O. 1992 c. 6 («CPA&raqClass Proceedings Act, 1992, S.O. 1992 c. 6 («CPA»).

The students brought a motion to certify their action as a class proceeding pursuant to the Class Proceedingsclass proceeding pursuant to the Class ProceedingsClass Proceedings Act.

Despite the fact that section 97 of the Employment Standards Act (ESA) specifies that an employee who files a complaint with the MOL for unpaid termination and severance pay under the ESA can not commence a civil proceeding for wrongful dismissal if the complaint and the proceeding would relate to the same matter, 236 of the class members who had filed a complaint under the ESA had joined the class action suit.

The appellant, whose sole officer, director and shareholder is Jeffrey G. MacIntosh, holder of the Toronto Stock Exchange Chair in Capital Markets Law at the University of Toronto Law School, seeks their identities to proceed with a proposed class action relying on the provisions of the Securities Act, R.S.O. 1990, c. S. 5, that create private rights of action.

Firstly, when considering the suitability of the proposed class under s. 5 (1) of the Class Proceedings Act, 1992, he found that Ontario did not have a sufficiently real and substantial connection to the underlying facts and class members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeclass under s. 5 (1) of the Class Proceedings Act, 1992, he found that Ontario did not have a sufficiently real and substantial connection to the underlying facts and class members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeClass Proceedings Act, 1992, he found that Ontario did not have a sufficiently real and substantial connection to the underlying facts and class members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeclass members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeclass action for the Ontario courts to properly take jurisdiction over the proceeding.

However, the broader lesson to be drawn from the decision is that our courts will not hesitate to use the powers set out in the Class Proceedings Act with respect to notice, in order to protect the integrity of the opt - out process and the rights of absent class members, whether or not the impugned conduct involves a party to the proceeClass Proceedings Act with respect to notice, in order to protect the integrity of the opt - out process and the rights of absent class members, whether or not the impugned conduct involves a party to the proceeclass members, whether or not the impugned conduct involves a party to the proceeding.

(a) the complaint or that part of the complaint is not within the jurisdiction of the tribunal; (b) the acts or omissions alleged in the complaint or that part of the complaint do not contravene this Code; (c) there is no reasonable prospect that the complaint will succeed; (d) proceeding with the complaint or that part of the complaint would not (i) benefit the person, group or class alleged to have been discriminated against, or (ii) further the purposes of this Code; (e) the complaint or that part of the complaint was filed for improper motives or made in bad faith; (f) the substance of the complaint or that part of the complaint has been appropriately dealt with in another proceeding; (g) the contravention alleged in the complaint or that part of the complaint occurred more than 6 months before the complaint was filed unless the complaint or that part of the complaint was accepted under section 22 (3).

In certifying the action as a class proceeding, Belobaba J. addressed Manulife's argument that the pleadings did not disclose a cause of action claim in respect of the s. 138 claim because the action was not commenced within three years of the alleged misrepresentations (as required by s. 138.14 of the Act and the Ontario Court of Appeal's decision in Sharma v. Timminco Ltd., 2012 ONCA 107).

In certifying the action as a class proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of acclass proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of acClass Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of action.

Recommendation 9: The amendments to the Evidence Act 1995 (Cth) that prevent judicial warnings relating to children as a class should proceed.