Rebecca Case

Rebecca Case

Lerners LLP

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Latest Publications


The Mazda 3 Lock – alleged “shoddy goods” are not always defective

Following a common issues trial solely on questions of liability, Justice Viens of the Quebec Superior Court found that there was no liability with respect to the allegedly defective locking mechanism in Mazda 3 vehicles’...more

8/25/2014 - Automobile Recall Automotive Industry

First Ontario Privacy Class Action Certified Against Employer via Vicarious Liability

In Evans v. Bank of Nova Scotia, 2014 ONSC 2135, Justice Smith certified a class action for, among other claims, the tort of inclusion upon seclusion, against both the Bank of Nova Scotia (the “Bank”) and Richard Wilson. This...more

7/31/2014 - Banks Canada Class Action Class Certification Intrusion Upon Seclusion Privacy Laws Vicarious Liability

Open Bidding for Cy-Près Awards?

It has been suggested by some that Justice Perell’s recent decision in Carom v. Bre-X Minerals Ltd., 2014 ONSC 2507 (“Bre-X”), opens the floodgates to a competitive bidding process for cy-près awards before the Court, an...more

5/15/2014 - Canada Class Action Cy Pres Funds Settlement

Proceeding Concurrently in Multi-Jurisdictional Hearings: Form or Substance?

When parallel class actions in multiple provinces are resolved by one settlement agreement, procedural and jurisdictional issues may arise regarding the conduct of the settlement approval hearings. Recent decisions have...more

4/17/2014 - Class Action Cross-Border Foreign Jurisdictions Jurisdiction Settlement

The Supreme Court Holds that Preferability May Hinge on Substantive Access to Justice

In AIC Limited v. Fisher, 2013 SCC 69, the Supreme Court of Canada ruled on what makes a class action a preferable procedure under s.5(1)(d) of the Class Proceedings Act, 1992. The Supreme Court’s decision on this point came...more

3/18/2014 - Canada Class Action Rules of Civil Procedure SCC

Quantifying Discretion in Costs and Fee Approvals

When a class action settles, a motion is brought to approve the settlement. Where plaintiffs' counsel requests payment, the counsel fee must be approved by the court. Similarly, where a certification motion is heard and...more

2/13/2014 - Canada Class Action Settlement

Ontario Court of Appeal Overturns Timminco

The Court of Appeal for Ontario, 2014 ONCA 90, has determined that the commencement of a class action for statutory misrepresentation in the secondary market within the three year limitation period provided in Part XXIII.I of...more

2/5/2014 - Canada Ontario Securities Act

To Costs or Not To Costs – Is That the Question?

The Law Commission of Ontario has now released the scope of its review of Class Actions, and, as expected, this review will entail an examination of the costs regime in Ontario. Currently, costs in class proceedings follow...more

1/10/2014 - Canada Class Action Class Certification OLRC SCC

Back to Work? Let’s Start With A Look Back at 2013

As we returned to the office this week, we thought what better way to adjust to re-entry than by taking stock of what happened in the last year. The year 2013 was an important year for class actions with a number of important...more

1/10/2014 - Canada Class Action Class Certification SCC Settlement

“Sixties’ Scoop” Class Action Certified

Between December 1, 1965 and December 31, 1984, Ontario welfare authorities, empowered by the Federal Crown, removed thousands of aboriginal children from their families and communities and placed them in non-aboriginal...more

12/13/2013 - Aboriginal Issues Canada Child Custody Class Action Class Certification Fiduciary Duty Foster Children Negligence

Carriage Motions: What is the Preferred Form of a Class Action?

Originally published in the Ontario Bar Association, Class Action Law Section Newsletter, Vol. 2 No. 2 on July, 2012. To paraphrase Justice Perrell, a carriage motion has aspects of a casting call or a rehearsal for...more

7/28/2012 - Carriage Motions Class Action

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