Sentences with phrase «representative plaintiff»

A "representative plaintiff" is someone who acts on behalf of a group of people in a legal case when they all have similar claims or interests. They are selected to represent the group and present their case in court. Full definition
Members of the legal team have been retained by the proposed representative plaintiff to pursue this action as a class proceeding.
We work closely with representative plaintiffs who hire us to start a class action.
The way a class action works is that one or a couple of people, called representative plaintiffs, do all the work for all the class members.
For a prospective representative plaintiff, the usual barrier of the cost of one's own legal representation is not an issue; universally, class counsel act on a contingency fee basis.
The couple attempted a class - action lawsuit against Stiles, but was denied certification over their inability to act as representative plaintiffs due to their catastrophic injuries.
The trial court went on to identify additional issues, including the fact that many class members would not be able to state certain claims if they had not attempted to sell their homes, and there were no putative class representative plaintiffs for many of the mobilehome parks.
What makes this more recent motion interesting is that the defendants attempted to disqualify the new representative plaintiff on the basis of a conflict of interest, which is a basis for disqualification under s. 5 (1)(e) of the Class Proceedings Act, 1992.
Certification of this action under the new representative plaintiff means that the business model of using consultants to conduct routine work historically provided to young associates and articling students may no longer be financially viable.
The proposed representative plaintiffs brought a motion seeking approval of the Funding Agreement and for an order that would make the Funding Agreement binding on all putative class members.
«That the action that was certified was narrower than the action that was initially proposed and that it took two rounds to find a suitable Representative Plaintiff is not cause for a distributive costs award,» he found.
«One of my first reactions was that Ashley Madison may be less of a class action risk than we would usually see because I'm not sure there are going to be a lot of potential representative plaintiffs who will want to come forward,» says Catherine Beagan Flood, a partner at Blake Cassels & Graydon LLP.
Deloitte also argued that the plaintiff's cost award should be reduced because there was divided success on the certification motion, as Deloitte had successfully argued that the first representative plaintiff, lawyer Shireen Sondhi, was unsuitable, and she was subsequently removed.
The Statement of Claim filed by the proposed representative Plaintiff alleges, among other things, that Goodlife violated employment standards legislation and its contracts of employment with Class Members by requiring, permitting and / or suffering Class Members to work hours above those scheduled, including hours both above and below the overtime threshold, but failing to appropriately compensate Class Members as required for all hours worked.
The Crown argues that the Youth Records are relevant to the certification motion with respect to whether J.K. was in secure isolation, the particulars of the institution and time spent in isolation and whether he is an «appropriate representative plaintiff» as well as to test his «credibility on the matters about which he deposed in his affidavit.»
Saskatchewan law firm McKercher LLP had been acting for CN on various matters for almost a decade, when in 2008, representative plaintiff Gordon Wallace approached the firm to commence the multi-billion-dollar class action.
Representative plaintiff Tarrie Phillip had asked for a cost award of $ 480,170, which Perell reduced to $ 353,791.
«I'm proud of what this case and this settlement have achieved for GoodLife employees,» said representative plaintiff Carrie Eklund.
We have reached a settlement on behalf of representative plaintiff Lorne Waldman in his copyright infringement class proceeding against Thomson Reuters.
As part of the no - admission deal, Merchant Law Group gets $ 75,000 to cover its legal fees, while representative plaintiff Patrice St. Arnaud gets $ 1,000 «for his time and effort in his capacity,» according to the settlement agreement.
In a statement of claim filed Monday, representative plaintiff Shireen Sondhi, a Toronto lawyer, alleges that Deloitte / ATD Legal Services Professional Corp. saved millions in payroll deductions and benefits by misclassifying employees as independent legal contractors (who are exempt from certain protections under the Employment Standards Act).
Personal injury lawyers began to seek similar protection for their clients after witnessing how such insurance empowered representative plaintiffs in class actions to maximize the value of their claims — and thus, a market was born.2
The purpose of the reconvened hearing was to replace the suggested Representative Plaintiff.
As representative plaintiff Mr. Weldon received and acted on all of Class Counsel's requests for information.
Class Counsel think Mr. Weldon and Mr. Bleier have been exemplary representative plaintiffs and have worked diligently to support this action.
That successful representative plaintiffs (or more accurately, their lawyers) should not recoup the significant expenses of certification is not an obvious boon for access to justice, especially when one considers that such payments are often used to help fund the prosecution of the action going forward.
In addition to requiring notice and permitting non-resident representative plaintiffs to make submissions, the amendments provide a list of objectives and factors for the court to weigh when considering such an application.
We provided essential support for the chemical manufacturers» defense in this prototypical multi-district tort litigation with representative plaintiffs.
The Plaintiff class consisted of 171 Air Ontario pilots, five of whom were appointed as representative Plaintiffs.
representing an ad hoc committee of securities holders, including a number of representative plaintiffs having claims against Sino - Forest Corporation and its directors, officers, auditors and underwriters, in connection with the CCAA restructuring of that company;
The motion judge found that while the Plaintiff's «litigation plan may have to be updated,» he was a suitable representative plaintiff (Motion judge's reasons, para. 18).
Class counsel Sam Marr and David Fogel of Landy Marr Kats LLP said that the decision «reflects the economic realities of workers in today's economic climate» and «it would be a loss to all workers if a new representative plaintiff is not found resulting in the dismissal of this action.»
In 2014, the Law Society of Upper Canada (now the Law Society of Ontario) dismissed a complaint by the class's first representative plaintiff, who described herself as an «independent contractor» performing document review services for Deloitte that included tasks properly performed only by lawyers.
He did not find the proposed representative plaintiff appropriate because she had never worked overtime, one of the key claims for the class, and had abandoned the practice of law entirely, moving to British Columbia.
The representative plaintiff in the case is Victoria resident Erin Sherry, who wanted out of a CIBC (TSX: CM) mortgage when her marriage dissolved.
[1] If the settlement is in the best interests of the class and the retainer agreement provided for, say, a one - third contingency fee, and was fully understood and agreed to by the representative plaintiff, why should the court be concerned about the time that was actually docketed?
This is all the more true in class proceedings, where class counsel have far more to gain in the litigation than any class member, and where the contingency fee agreement entered into with the representative plaintiff is essentially a contract of adhesion that purports to bind hundreds, thousands or tens of thousands of other «clients».
An Ontario Superior Court justice has found that the class action lawsuit brought against Deloitte LLP by lawyers who had reviewed documents for the firm constituted a success for the plaintiff class, and he has granted the representative plaintiff for the class a cost award.
Perell also rejected Deloitte's argument that Phillip, the representative plaintiff, was not sufficiently well prepared or taking the case seriously.
Deloitte had asked for a cost award to the plaintiff class of $ 90,000 and that that award be further reduced to around $ 72,000 to reflect Deloitte's cost of cross-examining the first representative plaintiff, who was rejected by the court.
The proposed representative plaintiff, Carrie Eklund, worked for Goodlife as a personal trainer at Goodlife's Bathurst and Richmond club in Toronto from November 2014 until August 2015.
representing the proposed representative plaintiffs in a franchise class action against Shoppers Drug Mart; and,
2 Cumming J. in Vitapharm Canada Ltd. v. F Hoffman - Laroche Ltd., [2000] O.J. No. 4594 (S.C.J.) noted the following factors to aid in determining a carriage motion: the nature / scope of the causes of action advanced, the respective theories advanced to support the claims, the state of each action, the number and extent of involvement of the proposed representative plaintiffs, the relative priority of commencing the class actions, and the resources and experience of counsel.
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