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Searching Content indexed under Class Actions by WeirFoulds LLP ordered by Published Date Descending.
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Rolling Limitation Periods: What Resets The Clock?
What will establish a "rolling" limitation period? In other words, why does the limitation clock start over again in one case, but not another?
Canada
8 Aug 2019
2
The Standard Of Appellate Review For Standard Form Contracts Versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525
Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation ("SFC").
Canada
9 Jul 2019
3
The Final Skirmish In The Trillium Class Action: Class Counsel's Charge With Respect To Fees And Disbursements Trumps GM's Prior Perfected Security Interest
Having become a secured creditor, GM then sought to put Trillium into bankruptcy and to collect on the Costs Award in priority to class counsel.
Canada
25 Apr 2019
4
Choose Your Words Wisely: Uber's Arbitration Clause For Employees Rejected By Ontario's Court Of Appeal
On January 2, 2019, Nordheimer J.A., writing for a unanimous panel of the Ontario Court of Appeal, released his decision in Heller v Uber Technologies Inc.
Canada
8 Feb 2019
5
Proposed Class Action Against Uber Stayed: The Court Enforces The Parties' Agreement To Arbitrate
In Heller v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between...
Canada
9 Jul 2018
6
Proposed Class Action Against Uber Stayed: The Court Enforces The Parties' Agreement To Arbitrate
In Heller v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between...
Canada
19 Apr 2018
7
Revisiting First Principles Applicable To Motions For Leave To Intervene In Class Proceedings
In Romeo v. Ford Motor Co.,[1] a recent decision of the Ontario Superior Court of Justice, Justice E.M. Morgan considered the principles applicable to a motion to intervene in a certification motion ...
Canada
23 Nov 2017
8
ONCA Considers The "Reasonable Investigation" Defence In Securities Class Actions
The Ontario Court of Appeal recently released its decision in Rahimi v SouthGobi Resources Ltd., 2017 ONCA 719...
Canada
12 Oct 2017
9
"Umbrella Damages" Forecast For Canada: Cross Border Sellers Beware
WeirFoulds partner Nikiforos Iatrou and associate Kayla Theeuwen contributed to the Aug/Sept issue of Today's General Counsel with their article, "‘Umbrella Damages' Forecast for Canada: Cross-border sellers beware ".
Canada
5 Sep 2017
10
Canada's Anti-Spam Law Update: Private Right Of Action Suspended
CASL generally provides that commercial electronic messages cannot be sent by organizations unless express or implied consent exists.
Canada
19 Jun 2017
11
An Open Book: Canadian Courts Favor Disclosure In Antitrust Cases
In recent years, Canadian competition class-action jurisprudence has tilted in plaintiffs' favor.
Canada
1 Dec 2015
12
Smith v Inco Limited 2011 ONCA 628 (Released October 7, 2011)
This appeal reversed a 2010 trial judgment awarding $36 million against Inco Limited ("Inco") in a class action stemming from particle emissions from the operation of Inco’s Port Colborne nickel refinery from 1918 to 1984.
Canada
21 Oct 2011
13
Seidel v TELUS Communications Inc
In this case the Supreme Court of Canada permitted a proposed representative plaintiff ("Seidel") to proceed with a class action against TELUS Communications Inc. ("TELUS") despite an arbitration clause in the parties’ contract.
Canada
26 Apr 2011
14
Withler v Canada (Attorney General)
The appellants, who were representative plaintiffs in a class action against the Crown, were widows whose federal supplementary death benefits were reduced because of their husbands’ ages.
Canada
5 Apr 2011
15
Taylor v Canada (Attorney General)
The plaintiff was a representative of a class of persons who claimed to have suffered injury as a result of the implantation of temporomandibular joints in their jaws. The claim was brought against the Attorney General of Canada for the alleged negligence of Health Canada in the exercise of its regulatory duties, statutory powers and responsibilities.
Canada
5 Apr 2011
16
Brown v. Canada (Attorney General)
From 1965 to 1984, welfare authorities in Ontario removed many aboriginal children from their communities and placed them with non-aboriginal foster or adoptive parents in what is referred to as the "Sixties Scoop".
Canada
2 Feb 2011
17
Attis v. Ontario (Minister of Health)
The Attorney General sought an order for the outstanding costs of a class action to be paid by the plaintiffs’ solicitors. Following unsuccessful appeals to the Court of Appeal and the Supreme Court, the total costs awarded against the plaintiffs were over $165,000.
Canada
26 Oct 2010
18
Givogue v. Burke
The plaintiffs brought a motion to amend their amended statement of claim in an action that, in ten years, had not yet proceeded to discoveries.
Canada
21 Oct 2010
19
Ontario Rules of Pre-trial Documentary Discovery: Top Ten Reasons to Choose Ontario for Your Litigation
The Smoking Gun: You will Know the Facts of the Case Before You Enter the Courtroom. Evidentiary surprises in the form of last-minute documentary disclosure are frowned upon and generally inadmissible. Knowing the evidence of your case in advance allows you to make an informed analysis and appropriate recommendation to your client.
Canada
5 Oct 2010
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