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Welcome 


Welcome to my legal blog.  Class actions legislation is less than a decade old in most Canadian provinces, but the number of nationally and internationally prosecuted class actions is increasing.  Since Wilson v. Servier Canada Inc. (2000), 50 O.R. (3d) 219 (Ont. S.C.J.), national class actions have become what Brockenshire J. in Bondy v. Toshiba of Canada Ltd. (2007), 39 C.P.C. (6th) 339 (Ont. S.C.J.) described as “very much an unremarkable part of class proceedings litigation in Canada.”

With a common market, common judiciary, inter-provincially mobile population that purchases federally regulated goods with a common currency, I see one jurisdiction, not thirteen. There are no non-resident class members.  On this basis, and with increasing interstate comity, Canadian courts can continue to certify national and global classes in the many exciting years to come.  As stated by the learned Justice MacFarland in Webb v. K-Mart Canada Ltd. (1999) 45 O.R. (3d) 638 (Div. Ct.), "Courts must adjust to the realities of modern commercialism which is not only national but international in many instances."

Throughout my blog, you can review my professional and personal Biography.  Under Philosophy, I set out the substantive legal framework that informs my approach to class actions.  The Case-Notes below contain helpful articles, comments, and materials that may interest practitioners.  Rebuttal includes extracts from precedents on diverse and frequently encountered stages of a class action file.

Whether you are a client, clerk, colleague, jurist, or professor, if you are passionate about class actions, I encourage you to visit my blog often for my insights on developments in this exciting new legal landscape.

Sincerely yours,

 

 

 

 

July 4, 2010
Regina, Canada

 

CASE-NOTES

  • Anatomy of 4(1)(b)

    Of 88 contested certifications in British Columbia (60 certified), only 6 cases found no identifiable class...

    Continue Reading… Posted on April 30, 2012 (update) at Regina
  • Construction Industry
    Construction industry class actions quickly become multi-party. Plaintiffs bring in many defendants...
    Continue Reading… Posted on March 9, 2012 at Moab
  • Defendant Playbook
    Defendants employ a three pronged attack to defending a certification motion...
    Continue Reading… Posted on September 16, 2010 at Regina
  • Drug Citations

    Abandon hope all ye who enter here” is the inscription at the entrance to Hell in Dante’s Divine Comedy...

    Continue Reading… Posted on April 11, 2012 (update) at Regina
  • National Class

    After Wilson v. Servier Canada Inc. (2000), defendants ought to have stopped bringing national class “constitutional” motions.  But expensive addictions are hard to break...

    Continue Reading… Posted on April 18, 2012 (update) at Regina
  • Sharp Sticks

    Short maxims are as good as a sharp stick.  Here are a few that I have collected...

    Continue Reading… Posted on July 9, 2010 at Regina
  • Species of Predominance

    Arguments against certification usually fall within one of two categories: merits and predominance...

    Continue Reading… Posted on October 30, 2011 (update) at Regina

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