Sentences with phrase «proposed class proceeding»

Not exact matches

The proceeds of the new top income tax rate will be recycled entirely into a proposed so - called middle class tax cut which in fact heavily favours the top 10 % and weill not even cover the cost of the middle class tax cut.

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.

«Bond proceeds and re-programming in the proposed Capital Plan will meet the needs for enhanced education technology, reduction in class size and enable long - term investments in full - day pre-Kindergarten through the construction of new pre-Kindergarten classroom space.»

A class action is a legal proceeding commenced by a representative plaintiff on behalf of themselves and a group or class of people who fall under the same definition of a proposed class.

«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).

The appellant, whose sole officer, director and shareholder is Jeffrey G. MacIntosh, holder of the Toronto Stock Exchange Chair in Capital Markets Law at the University of Toronto Law School, seeks their identities to proceed with a proposed class action relying on the provisions of the Securities Act, R.S.O. 1990, c. S. 5, that create private rights of action.

Under the terms of the proposed settlement, the Remaining Defendants will pay to the Class $ 17,500,000 plus $ 164,931.50 of accrued interest in exchange for a full and final release of all claims brought in the proceeding.

Firstly, when considering the suitability of the proposed class under s. 5 (1) of the Class Proceedings Act, 1992, he found that Ontario did not have a sufficiently real and substantial connection to the underlying facts and class members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeclass under s. 5 (1) of the Class Proceedings Act, 1992, he found that Ontario did not have a sufficiently real and substantial connection to the underlying facts and class members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeClass Proceedings Act, 1992, he found that Ontario did not have a sufficiently real and substantial connection to the underlying facts and class members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeclass members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeclass action for the Ontario courts to properly take jurisdiction over the proceeding.

There is a four - part test judges consider when deciding whether to authorize a class proceeding: (i) the claims of the members raise identical, similar or related questions of law or fact; (ii) the facts alleged seem to justify the conclusions sought; (iii) the composition of the class makes joinder difficult or impracticable; and (iv) the proposed representative is in a position to represent the members of the class adequately.

Third, the court has the discretion to make any order it considers appropriate in a certification application for a multi-jurisdictional proceeding, including certifying only a portion of a proposed class.