Adam Walji

Bennett Jones LLP

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Latest Posts › Class Action

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more

5/30/2025 / Antitrust Litigation , Antitrust Violations , Appeals , Canada , Class Action , Competition , Regulatory Reform , Securities Litigation , Securities Regulation , Supreme Court of Canada

The Ontario Court of Appeal Clarified When Class Actions Should Be Dismissed for Delay

Many class actions take several years to litigate. Some may take even longer, because they sit idle for months or—in some cases—decades. In late 2024 and in early 2025, the Ontario Court of Appeal issued two decisions...more

5/28/2025 / Appeals , Appellate Courts , Class Action , Motion to Dismiss , Rules of Civil Procedure

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

1/20/2025 / Appellate Courts , Canada , Class Action , Class Certification , Dismissals , Litigation Strategies , Motion to Dismiss

B.C. Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the plaintiffs alleged that Mentor's silicone gel-filled breast implants, MemoryGel, caused adverse health effects, including connective tissue disorders (CTDs) and autoimmune...more

11/21/2024 / British Columbia Supreme Court , Canada , Class Action , Food and Drug Administration (FDA) , Life Sciences , Medical Devices , Medical Malpractice

Ontario Superior Court Refuses to Dismiss for Delay, Taking Functional and Contextual Approach to Section 29.1 of the Class...

In McRae-Yu v Profitly Incorporated et. al., 2024 ONSC 5615 (McRae-Yu) the Ontario Superior Court of Justice refused to dismiss a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992. McRae-Yu...more

10/28/2024 / Canada , Class Action , Delays , Dismissals , Filing Requirements , Law Firm Associates , Law Firm Partners , Ontario , Young Lawyers

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