Appeals Court reverses “chilling” decision on class action certification
In its recent unanimous decision in Pearson v. Inco., the Ontario Court of Appeal overturned the decision of Superior Court Justice Ian Nordheimer that had refused to certify an environmental class proceeding against Inco Ltd. and made a substantial costs award against the representative plaintiff that many observers characterized as having a 'chilling' effect on future class proceedings. [more]
Ontario’s top court overturns securities class action judgment against Danier Leather
In a unanimous decision written by Laskin JA and released late yesterday, the Ontario Court of Appeal overturned Canada’s first-ever class action judgment in favour of investors arising from misrepresentations by a corporation prior to its initial public offering ("IPO"). [more]
Court of Appeal at fault, 30 class actions become a total loss
Last summer, in David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co., the Ontario Court of Appeal overturned its own decision on a question of law it decided just a few years ago in McNaughton Automotive Ltd. v. Co-operators General Insurance Co. In so doing, the Court wrestled with whether and when it could, or should, overrule one of its past decisions. [more]
Failure to identify changes in insured risks can render policies voidable
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