News & Analysis as of

Class Action › Causation › Canada

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bennett Jones LLP

British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

Bennett Jones LLP on

The evidentiary burden on plaintiffs to have a case certified­—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and...more

Bennett Jones LLP

BC Court Declines to Certify Overdose Prevention Class Action After Finding No Basis in Fact for Causation

Bennett Jones LLP on

A recent decision from the Supreme Court of British Columbia underscores the Court’s cautious approach to certifying class actions in nuisance cases, particularly when the alleged harm arises from varied and diffuse conduct....more

Bennett Jones LLP

O’Connor v Canadian Pacific: Lack of Factual Basis Derails Certification in British Columbia

Bennett Jones LLP on

On June 30, 2021, the Village of Lytton in rural British Columbia was devastated by a wildfire that resulted in personal injury, the destruction of homes and livelihoods, and the tragic loss of life. Various court proceedings...more

Bennett Jones LLP

Developments in General Causation Methodologies for Class Certification

Bennett Jones LLP on

In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's...more

Blake, Cassels & Graydon LLP

Ontario Court Decision Highlights Summary Judgment as Potential Tool in Class Proceedings

Blake, Cassels & Graydon LLP on

In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant’s motion for summary judgment in advance of certification,...more

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide