Sentences with phrase «asserted in a class proceeding»

Not exact matches

«Because class proceeding legislation is procedural, and does not create substantive rights, a proposed class action must identify class members who individually have legal capacity to sue and assert a cause of action,» Garson wrote in her May 3 decision Kwicksutaineuk / Ah - Kwa - Mish First Nation v. Canada (Attorney General).

Justice Lauwers» decision highlights some of the difficulties associated with asserting individualized causes of action in the IA - client context as «common issues» in a class proceeding.

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.