Class Actions – Rogers Partners LLP

S. 29.1(1) of Ontario’s Class Proceedings Act: When Can a Court Dismiss a Class Action for Delay?

rpllpadmin — Wed, 16 Apr 2025 22:36:41 +0000

By Sebastian di Domenico In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5, the Ontario Court of Appeal addressed the issue of how to interpret s. 29.1(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (the “CPA”) which came into force on October 1, 2020. The particular section addresses when a […]

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Class Action Certification Round 2 – New Judge, Same Result

rpllpadmin — Wed, 29 Mar 2023 22:35:58 +0000

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 […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 24 Mar 2023 21:49:00 +0000

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 […]

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Standard of Care and Causation in Medical Malpractice Class Actions

rpllpadmin — Wed, 08 Feb 2023 22:05:19 +0000

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 […]

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Court Declines to Certify Class Action against Parent Corporations of Alleged Tortfeasors

rpllpadmin — Wed, 05 Jan 2022 22:04:52 +0000

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 […]

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Denial of Extension of a Class Action Opt-Out Deadline is a Final Order

rpllpadmin — Wed, 29 Sep 2021 21:58:33 +0000

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, […]

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Pre-Certification Summary Judgment Motions in Class Actions

rpllpadmin — Tue, 28 Sep 2021 21:34:28 +0000

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 […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 28 May 2021 14:13:19 +0000

At our weekly meeting, Chris MacDonald discussed the Superior Court’s decision in Del Giudice v. Thompson, 2021 ONSC 2696. In this decision, the plaintiffs, Rina Del Giudice and Daniel Wood, sought court approval of a settlement agreement with the defendant, Github Inc., pursuant to section 29 of the Class Proceedings Act, 1992, whereby the action would […]

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Court Approves $23 Million Settlement of Bank Cyber Breach Class Actions

rpllpadmin — Wed, 28 Apr 2021 14:05:21 +0000

By Andrew Yolles The Ontario Superior Court recently released joint decisions in Mallette v. Bank of Montreal, 2021 ONSC 2924, and Bannister v. Canadian Imperial Bank of Commerce, 2021 ONSC 2927, approving the settlement of both class actions arising from a data breach that occurred at BMO and CIBC in May of 2018. Background On […]

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Fridays With Rogers Partners

rpllpadmin — Fri, 09 Apr 2021 14:29:29 +0000

At our weekly meeting, Athina Ionita discussed the recent decision of the Ontario Court of Appeal in Francis v. Ontario, 2021 ONCA 197. Francis is an appeal arising from a summary judgment motion in a class action commenced against the Province by inmates subject to administrative segregation in Ontario’s correctional institutions. On the summary judgment […]

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