Ontario the Outlier: How Changes to the Class Proceedings Act Might Make Certification More Difficult in Ontario than Anywhere Else
By Jasminka Kalajdzic In December 2019, the Government of Ontario introduced Bill 161, Smarter and Stronger Justice Act, 2020, omnibus legislation that effects changes in the Class Proceedings Act, 1992 [CPA] among other statutes. The Class Action Clinic largely supports the amendments that aim to improve transparency and efficiency of the class action regime. Two … Continue reading “Ontario the Outlier: How Changes to the Class Proceedings Act Might Make Certification More Difficult in Ontario than Anywhere Else”
By Azra Alagic and Lovejot Bhullar The COVID-19 pandemic is affecting how virtually every institution and business are run. The pandemic is also exposing their vulnerabilities. One of the most hard-hit institutions has been long-term care (“LTC”) homes. The rapid spread of the virus has illustrated the need to examine the standards of LTC homes … Continue reading “Long-Term Care Homes and the Rise of COVID-Related Class Actions”
By Lovejot Bhullar Once a settlement has been approved or a trial concluded, compensation to class members can generally be paid out in one of two ways. The first is a direct payment to class members by the defendant or added to a fund (such as a pension fund). The other, and arguably more prevalent, … Continue reading “The Settlement Claims Process: One More Hurdle on the Road to Justice”
By Karly Lyons In a representative action where those affected (class members) have little to no practical say in the crafting and execution of a settlement, should the settlement document be treated as a contract between parties? In a split decision, the Supreme Court of Canada provides some guidance – and leaves many unanswered questions … Continue reading “Beyond Four Corners: Settlement Agreements as Contracts in Class Actions”
By Alexandra Lawrence In October 2019, the United States Federal Trade Commission (FTC) held a public workshop on how to improve class action settlement notices for consumers. The FTC’s primary concern was to ensure that consumers are receiving appropriate redress when competition and consumer protection class actions settle. Much of the discussion at the workshop … Continue reading “Where’s the Data? Canadian and American Approaches to Class Action Settlement Outcomes”
The Nevsun Decision: A Future Role for Customary International Law Claims in Canadian Class Actions?
Guest blog by Scott Robinson On February 28, 2020, the Supreme Court of Canada released its long-awaited decision in Nevsun Resources Ltd. v. Araya. The Court’s decision holds important principles for the development and recognition of public international law in Canada, including the potential for corporate liability under it. It also provides an opening for … Continue reading “The Nevsun Decision: A Future Role for Customary International Law Claims in Canadian Class Actions?”
No Good Unless for the Public’s Good: When Can a Third Party Intervene after Certification is Denied?
By Sonya Molyneux As is the case elsewhere in Canada, third parties in Quebec must obtain court approval before they can intervene in a class action. Both in Quebec and Ontario, courts are hesitant to grant intervenors precious court time before a class action is authorized/ certified. On February 12, 2020 Amnesty International (“Amnesty”) was … Continue reading “No Good Unless for the Public’s Good: When Can a Third Party Intervene after Certification is Denied?”
By Azra Alagic Class action case law continues to grow. This month’s blog explores some of the most important Canadian decisions of 2019 due to their impact on present and future class members. #1 Umbrella Purchasers – Expanding the Class Definition and Cause of Action In September 2019, the Supreme Court of Canada released its … Continue reading “2019 Year in Review: Top 5 Class Action Cases Affecting Class Members”
By Jasminka Kalajdzic Two years ago, the Law Commission of Ontario (LCO) embarked on an extensive two-year study of class actions, the first review of the Class Proceedings Act (CPA) in its history. The LCO consulted with stakeholders across Ontario’s justice system and conducted well over 100 interviews. It received 30 written submissions from industry, … Continue reading “One Step Forward, Two Steps Back: Commentary on Proposed Changes to Ontario’s Class Proceedings Act”
By Alexandra Lawrence There are several distinctions between the various provincial class proceedings statutes, but one commonality is that not one statute in Canada sets out the procedure for when a class member, including the representative plaintiff, is a child. In fact, according to the Canadian Foundation for Children, Youth and the Law, there is … Continue reading “Not Quite Child’s Play: Unpacking the Lack of Clarity in Class Actions Involving Minors”