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Shutting The Gate: Alberta Court Signals Move Toward More Rigorous Application Of Test For Certifying Class Action Lawsuits - Litigation, Mediation & Arbitration

In Setoguchi v Uber, the Alberta Court of Queens Bench reiterated that courts hearing applications for certification of class action proceedings fulfill an important gatekeeping function, and the case may signal a move toward a more rigorous application of the Class Proceedings Act. Background The proposed representative plaintiff applied to certify a national class action against the defendants. She alleged, among other things, negligence and breach of contract stemming from a hack in which ...
United States Setoguchiv Uber Justice Rooke Norton Rose Fulbright Supreme Court Alberta Court
Source: mondaq.com

Alberta Court Of Appeal Upholds Pre-certification Stays Of Duplicative Class Proceedings - Litigation, Mediation & Arbitration

Jurisdiction Pursuant to s. 5 of the Class Proceedings Act First, the Court of Appeal reviewed the history of multijurisdictional class action proceedings in Canada, citing the “patchwork of legislation across the country” that led to inconsistent principles regarding duplicative proceedings. In so doing, the Court noted that this history demonstrates that we are still “in the evolution of a culture shift” that requires practical mechanisms to consistently address overlapping and dupli...
United Kingdom Hryniakv Mauldin Ravvinv Canada Bread Company Supreme Court Ontario Superior Court Alberta Court
Source: mondaq.com

Product Liability: Important Developments In 2020 - Consumer Protection

2020 has seen several important developments in product liability law. These developments signal that a variety of challenges are on the horizon for plaintiffs in 2021 in three specific areas: product liability class actions alleging adverse health effects; claims relating to the sale of prescription medications; and "mass tort" claims. No "workable methodology": an effective defence to certification In 2013, the Supreme Court of Canada affirmed in Pro-Sys Consultants Ltd. v. Microsoft Corpor...
United Kingdom Gauthierv Johnson Microsoft Corporation Abbott Laboratories Co Saskatchewan Court Sys Consultants Ltd
Source: mondaq.com

What The Recent History Of Securities Litigation Tells Us About The Future Of The Capital Markets - Litigation, Mediation & Arbitration

To print this article, all you need is to be registered or login on Mondaq.com. The past twenty years of securities litigation shed light on what businesses involved in Canadas capital markets can expect in the future. Whether the cases involve issuers of securities or dealers and advisers in securities, experience demonstrates that trends in securities litigation are driven by the state of the economy, investment product innovation and related regulatory initiatives. Th...
Administrator Client Focused Reforms To National Mining Standards Task Canada Inc Allen Committee Allen Committee Report Standards Task Force
Source: mondaq.com

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