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Class Certification Litigation Strategies Motion to Dismiss

Bennett Jones LLP

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

Bennett Jones LLP on

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

Carlton Fields

When Is a Defense “Available”? Avoiding Waiver by Being Bold When Asserting Defenses

Carlton Fields on

It is well known that, at least in the federal system and Florida, a defendant who fails to raise lack of personal jurisdiction in a pre-answer motion to dismiss waives that defense. But there is an exception to this rule: If...more

Robinson+Cole Class Actions Insider

Defending Class Actions in 2016

I thought readers might find helpful some broader observations on strategies for defending class actions in 2016... Dig in Deep Early: Some defense counsel are accustomed to the practice of filing a motion to dismiss...more

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