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class proceedings

By Occasional Contributors | 3 Minutes Read October 30, 2019

Court highlights value of first-settling defendant co-operation in “ice breaker” settlements

In a recent decision from the Ontario Superior Court of Justice, Di Filippo and Caron v. Bank of Nova Scotia et al, 2019 ONSC 3282 (Di Filippo), Justice Belobaba approved an “ice breaker” settlement in a price-fixing class action despite the “token” settlement amount — which represented less than 6% of the settlement paid by the same defendants in parallel proceedings in the U.S. — on the basis of the “inestimable value” of the first-settling defendants’ agreement to co-operate with class counsel.

Article by Occasional Contributors / Business, Finance and Accounting / class proceedings, defendant cooperation, litigation and strategy, price-fixing

By McCarthy Tétrault LLP | 3 Minutes Read June 22, 2018

British Columbia proposes significant legislative amendments to “modernize” class proceedings in the province

Proposed amendments to the Class Proceedings Act will 1) switch BC from an “opt in” to an “opt out” jurisdiction and 2) establish a framework for the certification of multi-jurisdictional class proceedings. If enacted, the amendments will have significant consequences for both current and future class proceedings in the province.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting, Privacy / class actions, class proceedings, Class Proceedings Act, multi-jurisdictional class proceedings, national class

By Occasional Contributors | 3 Minutes Read June 21, 2018

BC's Class Proceedings Act to get a facelift?

The proposed amendments contained in Bill 21 would bring significant change to the class proceedings regime in British Columbia. While these changes would have a number of effects, the most notable of these is that British Columbia would likely be viewed as a more attractive forum for multi-jurisdictional class proceedings especially in light of the fact that it remains to be a “no cost” regime. As a result, the number and size of class proceedings in British Columbia can be expected to increase.

Article by Occasional Contributors / Business, Finance and Accounting, Privacy / 2018, Bill 21, class action, class proceedings, Class Proceedings Act, Class Proceedings Amendment Act, Internal Controls, multi-jurisdictional class actions, multi-jurisdictional proceedings, national class

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