The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

class proceedings


 

Proposed shareholder class action stayed due to lack of jurisdiction

A proposed shareholder class action against HSBC Holdings plc was recently stopped in its tracks by the Ontario Superior Court due to a lack of jurisdiction. The plaintiff, Wai Kan ... [more] Full article

Restitution or windfall?

Court Certifies class action for consumers who suffered no damages

Can consumers who obtain a defective product for free recover profits earned by the manufacturer, even though those consumers suffer no damages whatsoever? Most non-lawyers would likely say: no. However, the Ontario Divisional Court recently affirmed a decision certifying a class action against Johnson & Johnson that raises this question. [more] Full article

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] Full article