Sentences with phrase «class proceeding»

This certified class proceeding is in the examination for discovery phase.

You also give up your right to participate in a class action or other class proceeding.

A national class proceeding against Yahoo! Inc. and Yahoo! Canada Co. has been issued by Notice of Action today.

WINDSOR, ON, Aug. 20, 2015 / CNW / - The law firms Charney Lawyers and Sutts, Strosberg LLP have filed a national class proceeding on behalf of all Canadians who subscribed to Ashley Madison and whose personal information was disclosed to the public.

The Ontario Class Proceeding Act, which came into force in 1993, helps level the legal playing field between big corporations and common people.

Charney Lawyers PC is commencing a national class proceeding lawsuit on behalf of Canadians whose Yahoo account information was stolen in the data breaches described above.

Ontario Superior Court Justice Robert J. Smith declined to grant the motion approving the discontinuance of the Ontario class proceeding without notice to the class members because of the substantial prejudice that would result to all Ontario class members who would be deprived of having the limitation period remain suspended in Ontario.

And the leaky condo problem has not been restricted to the mainland: a condo owner in Victoria filed a proposed class proceeding earlier this year in the Supreme Court of B.C., seeking damages as a result of negligence against B.C., the Attorney General of Canada and Canada Mortgage and Housing Corp..

«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).

In 1250264 Ontario Inc. v. Pet Valu Canada Inc. («1250»), Justice Strathy of the Ontario Superior Court of Justice took the extraordinary step of invalidating the majority of opt - out notices obtained from potential class members in a certified class proceeding due to the irreparable damage caused to the process by the aggressive conduct of a third party.

Because of that fact, after it was announced to the 1978 General Synod that the proposed change had again failed to win a two - thirds majority, several classes proceeded to ordain women on their own.

We have reached a settlement on behalf of representative plaintiff Lorne Waldman in his copyright infringement class proceeding against Thomson Reuters.

The Ontario courts have developed a body of caselaw to address the problem that arises where multiple law firms seek to advance what is essentially the same class proceeding.

The draft Judicial Protocol relies on existing provisions in the various provincial class proceeding statutes to establish a system whereby multiple and potentially overlapping class actions can move through two or more courts in an orderly manner.

And thus they would potentially lose their ability to participate as an «opt - in» class member in the British Columbia Class proceeding.

Second, in certifying a multi-jurisdictional class proceeding, the court must determine whether it would be preferable for some or all of the claims or common issues to be resolved in existing proceedings elsewhere in Canada.

In 1250264 Ontario Inc. v. Pet Valu Canada Inc. [1](«1250»), Justice Strathy of the Ontario Superior Court of Justice took the extraordinary step of invalidating the majority of opt - out notices obtained from potential class members in a certified class proceeding due to the irreparable damage caused to the process by the aggressive conduct of a third party.

The representative plaintiffs in a proposed class proceeding were two of some 273 purchasers of units in a commercial condominium project that failed.

Class proceeding legislation is mainly procedural.

With Niebuhr's concept of faith as a foundation for experience and Gustafson's suggestion that theology is a way of construing the world, the class proceeded to consider the Reformed tradition, postliberal theology and perspectival theology.

Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

In the foreground, class proceeds as usual, with the teacher and students engaging in productive work.

Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.

The speed with which the class proceeds.

[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»).

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

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

Further, unless both you and Bootstrap Legal agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

She is co-counsel for Mandy Lewis with respect to her class proceeding against Westjet for its ongoing breach of its employment contracts with female flight attendants to create and maintain a workplace free from harassment.

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

«The certification stage is the first critical step in a class proceeding.

Perell found that, in the case at bar, a class proceeding is the appropriate method of advancing the claims of the class members:

Earlier this year, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP on a motion for what has already been an exhausting certification process in a class proceeding.

On January 2, 2014 Justice Perell of the Ontario Superior Court of Justice certified a class proceeding by 527 wrongfully terminated employees led by Bob Brigaitis and Cindy Rupert (represented by Ted Charney of Charney Practice Group) against their now bankrupt employer, IQT Solutions and the officers, directors, shareholders John Fellows, Alex Mortman, David Mortman, Renae Marshall and affiliated companies IQT Canada, Ltd., JDA Partners LLC, and IQT Inc..

[203] Assuming there was copyright infringement, a class proceeding is the only reasonable means to provide access to justice to class members.

By order of Mr. Justice Colin Campbell, dated February 10, 2004 the settlement of the class proceeding was approved.

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

(i) the plaintiffs had not been properly advised of their potential exposure to costs in the event of the dismissal of the class proceeding;

although Attis deals with this issue in the context of a class proceeding, the decision underscores the importance of certain «best practices» that can be applied universally by litigation counsel to insulate against a client's claim for costs indemnification.

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

However, the decision does provide guidance as to the operation of section 41 (a) of the CPA for other cases, and its endorsement of the class proceeding process for strata - related claims could well lead to more such actions being filed in the future.

Those issues aside, a significant factor in pursuing a class proceeding, as opposed to a multi-plaintiff or strata corporation action, is to minimize discovery costs.

He further concluded that a class proceeding would satisfy the legislated goals of judicial economy and access to justice.