Sentences with phrase «as a class proceeding»

Members of the legal team have been retained by the proposed representative plaintiff to pursue this action as a class proceeding.

[1] This action was commenced in 1997, certified as a class proceeding in 2001, and tried in 2011.

It is at this stage that a court will decide whether the matter should be permitted to proceed as a class proceeding.

The issue at the certification stage is whether the proceeding is appropriately prosecuted as a class proceeding.

Rather, it is a procedural matter aimed at screening cases that are not appropriate to be dealt with as a class proceeding.

[1] The plaintiffs seek to certify their action as a class proceeding against the Bank of Nova Scotia (the «Bank») and Richard Wilson («Wilson»).

In Gariepy, Justice Nordheimer declined to certify the action as a class proceeding on the basis that the determination of whether the defendant's products were defective did not significantly advance the overall determination of liability, as there were a myriad of reasons why a class member's plumbing system might fail.

Ontario's Divisional Court conditionally certified the action as a class proceeding in April 2009, and the Ontario Court of Appeal dismissed an attempt by Quizno's to stay the proceedings in a June 2010 ruling.

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

[2] The complexities inherent in indirect purchaser actions are magnified when such actions are brought as a class proceeding.

Perell ruled that records relating to J.K.'s crimes and incarceration, which took place when he was a minor, are relevant to his motion to certify the matter as a class proceeding.

On January 24, 2018, British Columbia Supreme Court certified Nickel v. Weyerhaeuser Company Limited as a class proceeding and appointed Barbara Sirett and David Biggs as the representative plaintiffs of the class.

Stage One refers to any steps taken up to the end of the hearing of a motion for an order of the court certifying the proceedings as a class proceeding.

A class action, also known as a class proceeding, is a lawsuit in which one party, or a group of parties, may sue or be sued as representatives of a larger class.

Second, settlements still remain a frequent method for resolving class actions, even where the lawsuit is of dubious merit or, if more stringent criteria were applied, would not be tried as a class proceeding.

A Statement of Claim has been filed seeking to address this issue as a class proceeding.

It was certified as a class proceeding [1] in February, 2010 and settled (for the first time) in August, 2014.

Pro-Sys sought certification of the action as a class proceeding under British Columbia's...

4 (1) The court must certify a proceeding as a class proceeding on an application under section 2 or 3 if all of the following requirements are met:... (c) the claims of the class members raise common issues, whether or not those common issues predominate over issues affecting only individual members;

CV -10-414774-00CP) as a class proceeding against Shoppers Drug Mart Inc..

In Ontario, once an action is certified as a class proceeding, a notice is published, which informs members of the class about the class proceeding.

The plaintiffs» motion to certify the action as a class proceeding was dismissed by Winkler J. (as he then was) on May 3, 2007.

Stage Two refers to appeals of any order of the court relating to certifying the action as a class proceeding.

On January 5, 2018, Justice Perell heard the Plaintiff's previously adjourned motion to certify this action as a class proceeding.

On March 28 and 29, 2017, Justice Belobaba heard the Plaintiff's motion to certify this action as a class proceeding.

On July 27, 2015, the Federal Court of Canada released its order and reasons granting the plaintiffs» motion for certification of the action as a class proceeding.

July 27, 2015 The Federal Court of Canada releases its order and reasons granting the plaintiffs» motion for certification of the action as a class proceeding.

By certifying this action as a class proceeding, the court has not decided if any of the plaintiffs» allegations are true.

Once an action is certified as a class proceeding, it proceeds to a common issues trial where a judge resolves the certified issues that apply to all class members.

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 action.

UPDATE: Justice Perell of the Ontario Superior Court of Justice has certified this action as a class proceeding.

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).

However, Strathy indicated that had he found the limitation period hadn't expired, he would have granted leave and certified the action as a class proceeding.