The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
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Ontario Superior Court of Justice Clarifies when Individual Claims Can Be Maintained Alongside a Pending Class Action

Adam Casey

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] Full article


Insurance Coverage Litigation Contributors

Adam Casey

Adam Casey

Affleck Greene McMurtry LLP

Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.

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