Corrigan's opinion instead remands the case for fresh
class certification proceedings and a new trial.
Defended several class actions, including during
class certification proceedings and initiating and defending interlocutory appeals of class certification decisions.
During his 30 plus years as a litigator, Mr. Cereseto has successfully defended
class certification proceedings brought against the Firm's restaurant, retailer, and lender clients.
Our litigators represent organizations in statewide and nationwide class action litigation in every facet of class action proceedings — from motions to dismiss,
class certification proceedings, discovery, trial, settlement, and appeal.
Not exact matches
Together with the
certification of
classes in recent overtime actions, the IQT case provides a further example of the breadth of
class proceedings that courts will certify in the employment arena.
[10] My experience as a case management judge in
class proceedings reveals to me that as a general rule, it would be preferable that pleadings be closed before the action moves to a
certification motion.
The second legal proceeding asks the Quebec Superior Court for
certification as a
class action for the purpose of seeking reimbursement of government processing fees in the event that the first legal
proceedings is not successful.
We are familiar with nearly every issue
class actions present, including
class certification, challenges to standing, jurisdiction and venue, removal, dismissal, summary judgement, arbitration, settlement administration and MDL
proceedings.
In the costs decisions arising from the
certification of the
class proceedings styled Sankar v. Bell Mobility, Brown v. Canada (Attorney General), Crisante v. DePuy Orthopaedics, Dugal v. Manulife Financial, and Rosen v. BMO Nesbitt Burns Inc., Belobaba noted, in general, the amount of time spent by legal counsel was too high, the volume of material filed with the court was excessive, oral hearings were too long, and counsel over-litigated most issues.
By bringing together teams comprising our antitrust and bankruptcy lawyers, we obtained a pioneering
certification of a
class of antitrust claimants in U.S. bankruptcy court, and through negotiation with the bankruptcy trustee arranged for the
class to receive a portion of the proceeds awarded to creditors in the bankruptcy
proceedings.
In practice, most
class proceedings settle before trial, although in light of the low bar for
certification, many defendants are choosing to opt for a common issues trial on claims they view as lacking merit.
Merchant agreed to discontinue the
class proceedings commenced in all provinces other than British Columbia, and to proceed with case management and
certification of the British Columbia action (the Dodd action).
British Columbia is an opt - in jurisdiction for
class proceedings, and limitation periods are suspended in that province only upon the making of a motion for
certification.
We have successfully represented defendants in resisting
certification in proposed
class proceedings and frequently represent defendants in both
class proceedings and other private actions involving allegations of anticompetitive conduct.
At the same time, some criminal
proceedings are still winding their way through the courts and a
class action is edging its way towards the
certification stage.
In virtually identical language in Brown v. Canada (Attorney General), Sankar v. Bell Mobility, Crisante v. DePuy Orthopaedics, Dugal v. Manulife and Rosen v. BMO Nesbitt Burns, Justice Belobaba excoriated
class action lawyers for over-lawyering
certification motions, unnecessarily lengthening the
proceedings and generating hundreds of thousands of dollars in fees and disbursements.
In these circumstances it's quite difficult to envision how a
class proceedings would succeed on
certification without some latitude from the court, requiring further amendments once greater disclosure was provided.
First, if there are existing or proposed multi-jurisdictional
class proceedings elsewhere in Canada involving the same or similar subject matter, the proposed representative plaintiff in BC must provide notice of the
certification application to the representative plaintiffs involved in those
proceedings.