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Archive For Entries On Class actions

Governments Shirking Responsibility: The St. Clair Streetcar Class Action

Most Torontonians have been inconvenienced by the Toronto Transit Commission (“TTC”), but ultimately sigh and move on. This is not the case for a group of small-business owners, who have launched a $105 million lawsuit against the Ontario government, the City of Toronto and the TTC for lost business as a result of the St. [...]

Duelling Overtime Cases Heading for Appeals

When two trial courts faced with similar facts come to opposite conclusions, it’s almost certain that the cases will go up the appellate ladder. So it is with two class actions getting underway against CIBC and the Bank of Nova Scotia, both of whom are alleged to have withheld overtime pay from their employees. The [...]

What is next for antitrust class action suits after DRAM?

Unlike the U.S. courts, which are recognized for certifying a multitude of class actions and awarding prodigious punitive damages, Canadian courts see a negligible number of class actions being brought forward. Class actions in Canada rarely proceed to a contested certification motion. They often reach the certification checkpoint and are denied certification on the basis [...]

Marcotte, Breslaw and Class Action Justice

Imagine the following scenario: Bob owns a house in a town in Quebec. In 2020, Quebec passes legislation to the effect that no municipality may increase property taxes by more than 10% each year. In 2022, citing the need for higher revenues to account for an increase in police services due to rising crime, the [...]

Contingency Fee Agreement Subject to the Discretion of the Court, as per Atlas

On October 1st, 2009, the Ontario Court of Appeal released its judgment in Sutts, Strosberg LLP v. Atlas Cold Storage Holdings Inc., 2009 ONCA 690. The significance of this case lies in its status as one of the few securities class actions in Canada. One counsel submitted that this “was the third largest securities class [...]