[2] In the case at bar, which is a proposed
class action, without
obtaining court permission, Via Rail Canada Inc. («Via Rail») and Canadian
National Railway Company («CNR»), the defendants in the proposed
class action, communicated with several putative
class members, who had been passengers on a train that derailed on route to Toronto.
Obtained dismissal with prejudice of a putative
national class action on behalf of our client, a health plan, in a claim of wrongfully denied mental health care benefits filed in federal court.
Obtained dismissal, based on federal preemption, of a
national class action by boat owners alleging that gasoline containing ethanol is a defective product.