Sentences with phrase «class proceedings»

All class proceedings statutes provide a mechanism by which potential class members can exclude themselves from a class.

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.

By expressly requiring the court to consider the existence of ongoing class proceedings elsewhere and to hear from plaintiffs from those proceedings, the amendments will hopefully encourage courts in BC to defer to class proceedings in other provinces where appropriate.

She has experience in a wide range of civil litigation, including commercial contractual disputes, insurance defence, real property, construction, insolvency and class proceedings.

If enacted, the amendments will have significant consequences for both current and future class proceedings in the province.

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.

Plaintiffs» lawyers frequently bring and aggressively pursue competition law class proceedings in the absence of convictions or even an investigation.

However, these types of facts around a representative plaintiff are rather rare in class proceedings, and the plaintiffs were provided an opportunity for a replacement plaintiff, which was reviewed by the judgment released this year.

An extension of this possibility includes using class proceedings to address issues of public interest to address social wrongs.

«Doing class proceedings requires a lot of staying power due to the complexity and the resources of the defendants and the time it takes to navigate through the court system,» said Bates.

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.

Plaintiffs in such situations will need to determine whether they are willing to sacrifice certain individual causes of action in order to take advantage of the beneficial cost and efficiency aspects of class proceedings.

civil litigation practice includes construction, product liability, occupier's liability, motor vehicle, insurance coverage, class proceedings, and administrative law

As such, the outcome may have been different had the parties not conceded that the arbitrator should determine whether the agreement authorized class proceedings.

Matt has represented both defendants and plaintiffs in class proceedings, and also engineers, developers and public authorities in real estate and construction disputes, investment advisors and brokerages in lawsuits involving negligent advice and fraud, insurance brokers and disability insurers in cases concerning a wide range of insurance products, and manufacturers in product liability cases.

In Ontario, Québec and Alberta, the consumer protection statutes expressly prohibits arbitration agreements and waiver of class proceedings clauses in consumer agreements.

The Court found that outside of the efficiencies sought through class proceedings, a more narrow interpretation of Seidel was warranted,

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.

Class proceedings have called for different strategies.

Appropriate case management in class proceedings can and should take into account these considerations.

Class proceedings 8.

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).

The court's approach in Dixon v. Stork Craft demonstrates an increasing trend in class proceedings to look beyond the identity of the representative plaintiffs.

She joined the firm in April 2014 and has experience in a wide range of civil litigation, including commercial contractual disputes, medical malpractice, employment matters and class proceedings... (more)

In a ruling today with implications for wage & hour class actions, the U.S. Supreme Court affirmed an arbitrator's interpretation of an arbitration clause to permit class proceedings.

Nor does congressional approval of Rule 23 establish an entitlement to class proceedings for the vindication of statutory rights....

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.

We have participated in many complex tort class proceedings, and have acted as plaintiff and defence counsel in a wide variety of representative actions.

For these reasons, the FC found no «legal or logical basis to extend the requirement of pre-approval outside of class proceedings» [16] and concluded that approval and determination of the enforceability of the LFA is «neither necessary nor ancillary to the present litigation.»

In Stolt - Nielsen, the arbitrators did not construe the parties» contract, and did not identify any agreement authorizing class proceedings.

If you opt out you can bring your own lawsuit but you can not participate in the Elpida settlement nor collect any money that may be paid to class members as a result of it or any future settlements or judgments in respect of the DRAM class proceedings across Canada.

[6] Second, the FC noted that litigation funding contracts require FC approval only when the matter, which substantively falls within federal jurisdiction, is incidental to class proceedings.

Anna is a compassionate while tenacious advocate who can provide effective solutions to a wide range of legal matters, including commercial litigation, employment matters, real estate disputes, professional negligence, estate litigation and class proceedings.

Faced with the significant challenges that class proceedings entail, our institutional clients have consistently turned to WILL DAVIDSON LLP for results oriented representation.

Shortly after the enactment of the first class proceedings action in the early 1990s, WILL DAVIDSON LLP successfully defended against one of the first major class actions in Ontario history: Sutherland v. Canadian Red Cross Society 17 O.R. 645 (S.C.).

Over the two decades that followed, our lawyers have excelled in this field, taking on class proceedings in such diverse areas as drugs and products liability, airplane disasters, infections diseases, and environmental claims.

Absent class proceedings, the enforcement process under the Code for such a claim would involve inspectors and referees investigating claims beyond that of single employees, and would join additional employees as parties to the proceeding where they have substantially the same interest.

«In the discussion below, I shall identify most of them by initials, because I do not wish to shame them, and because having regard to the entrepreneurial access to justice model that governs class proceedings, it is understandable, but sad, that all the lawyers declined the Sanatorium School RFD brief.»

When class proceedings were first considered in Ontario by the Ontario Law Reform Commission's «Report on Class Actions», a «no - costs» regime was recommended whereby the losing party in a class proceeding was not required to pay the costs of the winning party.

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.

In appropriate cases, we act as co-counsel, working with other law firms both in Ontario and from other jurisdictions on complex class proceedings.

Most often, class proceedings are commenced with a plaintiff who has a claim in common with other persons.

Experts say the decision could significantly reduce defendants» exposure in class proceedings.

The class proceedings rules of court provides for lawyers» fees to be approved by the court.

[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.

* Study and explore the possibility of the development of a judicial protocol with the aim to: * Allow for communication among judges in overlapping class actions proceedings * Coordinate and harmonize activities in proposed overlapping class proceedings in order to maximize efficiency, reduce costs and avoid the duplication of effort; * Honour the independence and integrity of the superior courts while promoting inter-provincial cooperation and respect for comity; * Implement a framework of general principles to address basic administrative issues arising out of national and multijurisdictional class actions; and * Provide for nationally - accepted carriage motions.

Lawrence G. Theall practices commercial litigation, insurance and product liability (including class proceedings), and has appeared before all levels of the Ontario and Federal courts, as well as the superior courts of Manitoba and Alberta.

Although the effect of these transmissions is to get the deal done effectively, it creates the risk of waiving privilege in legal advice that may be contained within the document and associated e-mails — or opening up this argument to regulators and other authorities or plaintiffs in class proceedings so they can try to get access to these e-mails and draft documents.

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.

Reflecting recent jurisprudence on this question, this issue was characterized as one that vitally affects the interests of the class.3 Strathy C.J.O. reiterated that the factors are to be addressed cumulatively, and with an eye to the policy objectives of the class proceedings legislation.