Sentences with phrase «over-lawyering certification motions»

«The certification motion was straightforward only in the sense that there were no complex factual and legal issues and no expert evidence filed,» he wrote.

The cost award requested was calculated at 60 per cent of the reduced docketed time expended on the certification motion.

Justice Perell wrote in his decision that «Deloitte's objections to Mr. Phillip's costs claim were very substantially weakened because Deloitte did not disclose how much time its lawyers expended on the run - up to and completion of the certification motion.»

He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

The date for the certification motion has not yet been set.

[37] Class actions are subject to the Rules of Civil Procedure, and there is nothing in the Class Proceedings Act, 1992that precludes defendants from pleading before the certification motion.

The employees» class action claims against IQT and the other defendant alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing breach of contract, and breach of fiduciary duty.

[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.

[12] In the discussion that follows, I will also discuss the consequences to the certification motion of closing the pleadings.

[5] At the certification motion, the Defendant conceded that the Plaintiff's negligent misrepresentation claim «pass [ed] over the cause of action and identifiable class criteria» and accepted that there were some common issues for this claim that could be certified (Motion judge's reasons, para. 15).

However, a certification motion is not a merits test, and it remains to be determined whether Thomson is a wrongdoer.

The plaintiff has applied for leave to appeal the split decision of the Divisional Court (upholding the denial of the certification motion) to the Court of Appeal.

Defeated the most critical prong of a class certification motion which sought to certify a large group of salespersons in an action brought against a national furniture company.

Vincent de l'Étoile, a partner in the litigation group at Langlois LLP in Montreal, says he believes it is usually a good idea for a defendant to put forward a record at the time of the certification motion.

On January 21, 2011, the Court of Appeal decision released its with respect to the plaintiff's motion for leave to appeal the split decision of the Divisional Court (upholding the denial of the certification motion).

At the certification motion, the plaintiffs in Brown had proposed a class definition consisting of employees who had worked for CIBC after 1996 and held the job titles of analyst, investment advisor, or associate investment advisor.

The Crown maintains the records are necessary for the «fair determination of the certification motion.»

I won't comment on the action further until it reaches a certification motion, but I've made the Statement of Claim available here.

Counsel who wish to have proceedings posted on the database must complete the Database Registration Form located on the Database webpage and send it along with the original pleadings and certification motion (in PDF or Word) to the CBA at [email protected].

«This certification motion shows that employers who misclassify employees as contractors can have substantial liability towards those workers, no matter what the contract says,» said plaintiff class lawyer Andrew Monkhouse.

A certification motion for a class action lawsuit against Deloitte LLP involving document reviewers has been adjourned for 60 days while class counsel seek a new representative plaintiff.

It deals with a certification motion in a securities Class Action, and has a number of interesting aspects to it (interesting, at least, to lawyers).

On the initial certification motion, Superior Court Justice Paul Perell denied certification on two grounds.

The Plaintiff settled costs with the Defendant Procom, agreeing to pay $ 60,000 for costs on the certification motion, payable within 30 days of the Plaintiff receiving the cost payment from Deloitte.

Conversely, defendants often use the certification motion as a test drive for the merits of the litigation, notwithstanding the focus on the certification motion ought to be whether the certification criteria are satisfied and the «some basis in fact» evidentiary standard in this regard is very low.

Conversely, the costs of certification are typically driven up by defendants who are seeking to use the certification motion as a test drive for the merits of the litigation.

Because this is an unsettled point of law, she held that this point of law was best resolved on a full evidentiary record, and not summarily determined on a certification motion.

He has successfully defeated class certification motions and prevailed on summary judgment in class actions, as well as single plaintiff cases.

The certification motion was argued in two parts.

The Court of Appeal remitted the certification motion to a different case management judge for determination on the basis of an amended statement of claim.

CAOC Annual Convention, Winning Certification Motions in the Post Brinker Era — The Latest Cases, by Mike Arias November 16, 2013

However, where there is a conflict in either the factual or expert evidence, the court hearing the certification motion does not resolve that conflict; that is a task for the judge presiding over the trial.

New dates have been booked for the hearing of the certification motion on April 25 - 27, 2018.

If possibility is enough for both general causation and specific causation, how likely is it that the class will ever fail to satisfy the causation requirement at the certification motion?

Our firm was class counsel on the certification motion.

Effectively employing or challenging statistics can make a difference in winning or losing a class certification motion.

At the certification motion, the plaintiffs sought to certify an overall «Verbeek Class» (which would include all of Verbeek's clients who participated in the investment scheme) and two subclasses: the «Dundee Subclass» (composed of all Verbeek Class members who participated in the investment scheme while Verbeek was registered at Dundee) and the «CWT Subclass» (composed of all Verbeek class members whose shares were held by CWT).

Given Perell J.'s determination that the proposed class action against the settling defendants satisfied all of the certification criteria (albeit on a less strict evaluation than would be applied in a contested certification motion), it is more likely than not that the plaintiffs would be successful if they moved to certify against the Underwriter Defendants.

The Certification Motion: Before the plaintiff can proceed any farther with the class action, it is first necessary to get the court's approval of the case as a class action.

Those that do require damages to succeed, negligence and breach of confidence, were not successful at the certification motion.

The extent of required evidence at the certification motion is a difficult one to determine.

At the certification motion before Justice Perell, the defendants consented to certification of the action subject to one contested issue regarding the scope of the plaintiff's proposed class definition.

The original certification motion decision was not released until 2007, when Justice Cullity stated,

The certification motion in the Boston Scientific case was originally heard in November 2015, but Perell adjourned the matter to give the plaintiffs another chance to submit more evidence.

Put differently, if a third party funding agreement contained information that disclosed counsel's legal opinion about the merits of the litigation or disclosed how counsel proposed to carry out the litigation beyond what might be disclosed in the litigation plan that would be disclosed for a certification motion, then it was both unnecessary and wrong to include that information.

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.

The Good certification motion also highlights the difficulties that future class actions will have in attempting to address large - scale public interest social advocacy.

There were major flaws over the plaintiff's certification motion was how the class was structured, and the cause of action framed.

Notable mandates: Successfully fended off a class action certification motion against Canadian National Railway over alleged overcharging for grain carriage; acted for Federated Co-operatives Ltd. in its $ 138 - million acquisition of oil company Triwest Exploration Inc.; Saskatchewan counsel to Wal - Mart Canada Realty Inc. and SmartCentres Realty Inc. on the $ 200 - million sale of shopping centres to Great - West Life Assurance Co. and London Life Insurance Co.; represented Northern Property REIT in $ 70 - million purchase of Nunavut properties; advised Saskatchewan Power Corp. on its $ 1.24 - billion Boundary Dam Integrated Carbon Capture and Storage Demonstration Project.

[1] After setting out his new approach to assessing costs and acknowledging that it will likely yield lower costs orders, Justice Belobaba concludes that more modest orders may result «in leaner and more focused certification motions, a greater measure of predictability for the participants, and in the overall, the continuing viability of the class action vehicle.»