Sentences with phrase «common issues trial»

Perhaps it's not widely known, but we now have a fairly meaningful body of law in Canada respecting common issue trials, both procedurally and substantively, upon which to draw.

Lead trial counsel in the first medical products class action / common issues trial tried to verdict in Canada (146 trial days), successfully defending one of the world's leading manufacturers of life - saving cardiac devices in a national class action claiming more than a billion dollars in damages (awarded 2013 Canadian Product Liability Impact Case of the Year by LMG Life Sciences)

On March 4, 2014, the Court made the order requested, and the ParkLane Defendants» Third Party Claim against the Distributors will only proceed after the common issues trial has been completed.

Conversely, assuming that the Plaintiffs are successful at the common issues trial, there is also the prospect that some members of the Assessed Group [Group 2] may not need to proceed to individual issues trials.

Waiver of tort refers to a plaintiff's election at a common issues trial to have recovery quantified not by provable tort damages but rather by the defendant's gain arising from the alleged tortious act.

The matter will be proceeding to a common issues trial, which will decide novel legal issues, including whether an employer can be vicariously liable for its employees» breach of privacy.

In the same way that plaintiffs are permitted to try their cases at the common issue trial stage with reference to expert opinion establishing a common causal link where there is some basis in fact to do so, it appears that defendants who seek contribution and indemnity from third parties will be entitled to the same procedural courtesy without recourse to individual proof.

At the common issues trial, the court found that Bell Mobility had breached their contracts with the class members and were unjustly enriched.

The Court has not yet determined whether the lawsuit will be successful and a common issues trial date has not yet been set.

If the lawsuit is successful at the common issues trial, the Court will determine what damages or compensation, if any, Class Members are entitled to receive.

Because of funding from Class Proceedings Fund, class member will not pay anything in the event of an unsuccessful judgment in the common issues trial.

An unfavourable judgment in the common issues trial will not have any financial consequences for any class member.

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 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.

A common issues trial is procedurally similar to a «normal» case, including documentary and oral discovery obligations.

The first aspect is whether the communications between Class Members with Thorsteinssons and with Davies Ward Phillips & Vineberg are relevant, and the second aspect of the issue is: if the communications are relevant, then are they relevant for the purposes of the common issues trial or are the communications relevant to an issue that will be decided at an individual issues trial if the action proceeds that far.

I agree that very little, if anything, would be carried forward from a common issues trial to advance the Class Member's individual claims.

[71] It is, of course, also possible that an issue might be relevant to both the common issues trial and an individual issues trial, but the immediate problem is whether the communications are relevant and should be disclosed and produced at this juncture of the bifurcated proceeding; i.e. should the documents be disclosed and produced for the common issues trial.

I agree with the Respondents that each Class Member's claim of a breach of the Solicitors Act requires an independent fact specific assessment that can not be done at a common issues trial.