Ontario Superior Court of Justice Clarifies when Individual Claims Can Be Maintained Alongside a Pending Class Action
A recent ruling of the Ontario Superior Court of Justice provides clarification about when an individual action should be allowed to continue, despite the presence of pending class actions that address the same issues. Although the Class Proceedings Act (CPA) allows defendants to apply to stay an individual action where there are pending class actions addressing the same issues, plaintiffs should be allowed to bring an individual action when their claims are substantial and they would be prejudiced by the delays that typically accompany a class action. In Workman Optometry v Aviva Insurance 2021 ONSC 3843, several insurance companies brought ... [more]
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