Sentences with phrase «representative plaintiffs»

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.
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.
The representative plaintiffs were two individuals, Marcotte and Laparé.
The representative plaintiffs brought a class action pursuant to British Columbia's Class Proceedings Act (CPA), alleging that the defendants engaged in an illegal conspiracy to fix the price of HFCS resulting in...
The proposed representative plaintiffs, proposed class counsel and Bentham entered into a funding agreement dated August 6, 2017 (the «Funding Agreement») under which Bentham agreed to pay a portion of the legal fees and disbursements for the proposed class action on certain terms.
Representative plaintiffs are the people who initially had the courage and foresight to start the lawsuit.
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 proposed representative plaintiffs, proposed class counsel and Bentham all objected to the required changes.
During the trial, the claims of the «representative plaintiffs» are heard.
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.
The plaintiffs were proposed representative plaintiffs in a proposed class action.
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.
The defendants in the Dodd action filed an application seeking an order striking the plaintiffs» amended claim that purported to substitute the representative plaintiffs.
This time with Dixon and McFadzean as proposed representative plaintiffs, the same individuals who were not permitted to become the named plaintiffs in the Dodd action.
The court's approach in Dixon v. Stork Craft demonstrates an increasing trend in class proceedings to look beyond the identity of the representative plaintiffs.
In a June 21 decision, the B.C. Supreme Court in Dixon v. Stork Craft Manufacturing Inc. looked beyond the identity of the proposed representative plaintiffs and instead focused on the manoeuverings of class counsel, ultimately finding the action was totally vexatious and an abuse of the court's process.
On 26 April, 2011 the BC Civil Liberties Association, along with a number of representative plaintiffs, commenced a constitutional challenge to Canada's prohibition on physician - assisted suicide.
In response the uninfected representative plaintiffs sought partial summary judgment to establish that the damage they claimed was compensable in law.
On 26 April, 2011 the BC Civil Liberties Association, along with a number of representative plaintiffs, commenced a constitutional challenge to Canada's prohibition on physician assisted suicide.
The Lawyers for the Class («Class counsel») have entered into a contingency fee agreement with the representative plaintiffs.
The proposed representative plaintiffs in the class action are identified in the statement of claim by the pseudonyms «John Doe» and «Suzie Jones».
In this successful class action, the representative plaintiffs, represented by Landy Marr Kats LLP, sued Bell Mobility for charging a 911 service fee while not providing live operator 911 services in the Northwest Territories.
Since the Court has determined that it is appropriate for the case to be treated as a class action, the representative plaintiffs will not formally notify other class members and explain how to be part of the class action.
The large group is represented by «representative plaintiffs» who give instructions to the lawyers and act in the best interest of the group.
In this case, there are four representative plaintiffs: Prakash Basyal, Arthur Gortifacion Cajes, Edlyn Tesorero and Bishnu Khadka.
To the extent that extrinsic restrictions on class actions — i.e., limits on the ability of representative plaintiffs to appeal certification orders (as in Baker), and jurisdictional restrictions on bringing cases in «plaintiff - friendly» jurisdictions (as in Bristol - Myers)-- were tightened, class actions will become harder to maintain and litigate.
In the end, the representative plaintiffs agreed with class counsel that this settlement was a good idea because there were many risks at trial (see FAQs # 10 - 14), and there is a benefit to getting the money sooner (see FAQ # 13).
Class Counsel think Mr. Weldon and Mr. Bleier have been exemplary representative plaintiffs and have worked diligently to support this action.
The Representative Plaintiffs believe that the Par Account Transactions caused significant harm to the participating policyholders and that they were undertaken without regard to (or adequate protection of) the interests of participating policyholders.
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.
The representative plaintiffs agreed in a document called a «contingency fee agreement» to pay Class Counsel up to 1/3 of any money received in the lawsuit (whether from a settlement or after trial).
The Plaintiff class consisted of 171 Air Ontario pilots, five of whom were appointed as representative Plaintiffs.
TORONTO, Aug. 13 / CNW / — This is to announce that today the law firms of Stevenson LLP and Bogoroch & Associates have been instructed to commence a class action on behalf of the representative plaintiffs, Giuseppina Santoro and Gianfrano (John) Santoro for damages sustained by the residents, homeowners and business persons as a result of the explosions which took place on Sunday, August 10, 2008 at the premises of Sunrise Propane Energy Group Inc..
On January 24, 2018, British Columbia Supreme Court certified Nickel v. Weyerhaeuser Company Limited as a class proceeding and appointed Barbara Sirett and David Biggs as the representative plaintiffs of the class.
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
Representative plaintiffs are the people in charge of filing the suit and overseeing the litigation.
We provided essential support for the chemical manufacturers» defense in this prototypical multi-district tort litigation with representative plaintiffs.
1) Affidavit of Documents to be completed by April 15th, 2002; 2) Examinations for Discovery of the Defendants shall be for two weeks commencing June 18th to June28th, 2002; 3) Examinations for Discovery of the representative Plaintiffs shall be held during the month of July 2002.
Pursuant to a contingency fee agreement entered into with the representative plaintiffs, Class Counsel are eligible to recover 30 % of the settlement fund, plus HST and disbursements.
George et al. v. Newfoundland and Labrador 2013 NLTD (G) 170 Evidence — Opinion evidence — Expert evidence — General — When expert evidence required The representative plaintiffs commenced this class action on January 5, 2011, for damages in respect of personal injuries as a result of moose - vehicle collisions in Newfoundland and Labrador (the defendant).
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;
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.
In April 2012, three representative plaintiffs brought the class action lawsuit to the Ontario Superior Court of Justice in Toronto on behalf of all drivers who incurred tolls and / or additional charges to the 407 ETR, and had their license plate denied after they had filed a consumer proposal or a bankruptcy proceeding.
The representative plaintiff in the case is Victoria resident Erin Sherry, who wanted out of a CIBC (TSX: CM) mortgage when her marriage dissolved.
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.
[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?
Why the fiction of a representative plaintiff if the class is amorphous and no member, not even the representative plaintiff, will be expected to prove loss or receive compensation?
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.
Representative plaintiff Tarrie Phillip had asked for a cost award of $ 480,170, which Perell reduced to $ 353,791.
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