March 29, 2023
By Riley Groskopf The Ontario Superior Court of Justice recently released its new certification decision in Nordik Windows Inc. v. Aviva Insurance Co., 2023 ONSC 1804. The decision of Justice Morgan was the second certification motion for the proposed class action, after Justice Belobaba issued an Order that a new hearing be convened and recused […]
March 24, 2023
At our weekly Friday meeting, Katrina Taibi discussed the recent decision of the Ontario Superior Court in Li v. Barber, 2023 ONSC 1679. Overview: A motion by the plaintiffs to amend the Statement of Claim, and a motion by a group of defendants to strike the Statement of Claim for no cause of action and […]
February 08, 2023
By Erin Crochetière In Levac v. James,[1] the Court of Appeal for Ontario considered an appeal regarding the standard of care and causation in a class action alleging breach of applicable Infection Prevention and Control (“IPAC”) best practices causing infection. In the underlying class action, the plaintiffs alleged that the defendant, Dr. James, caused the […]
January 05, 2022
By Erin Crochetière In David v. Loblaw[1] the Ontario Superior Court partially certified a class action against retailers and producers of packaged bread. One of the issues addressed by the Court was whether the plaintiffs’ claims against parent corporations of the bread producers met the requirements for certification. Overview The plaintiffs claim that the defendants […]
September 29, 2021
By Athina Ionita In Johnson v. Ontario, 2021 ONCA 650, the Court of Appeal determined that a decision refusing to extend the deadline for opting out of a class action affects a substantive right, and is therefore a final order, as it disposed of the plaintiff’s ability to continue his civil action. Facts An inmate, […]
September 28, 2021
In October 2020, the Class Proceedings Act, 1992 was amended to provide for an early resolution of issues. Section 4.1 of the Act states: 4.1 If, before the hearing of the motion for certification, a motion is made under the rules of court that may dispose of the proceeding in whole or in part, or narrow […]
