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Certification Denied: Product Liability Cases are not “Quintessential” Class Actions

Certification was denied in a recent proposed multiple-model product liability class action before the Ontario Superior Court of Justice in O’Brien v Bard Canada Inc. We acted for the defendants....more

4/24/2015  /  Canada , Class Action

Conflicting Decisions on Whether Parallel Class Actions Constitute An Abuse of Process

Two recent decisions of the Nova Scotia Court of Appeal and the Court of Queen’s Bench of Alberta have come to opposite conclusions regarding whether it is an abuse of process to file the same class proceeding in multiple...more

A Change of Pace for Product Liability Class Actions: Certification Denied in Two Recent Cases

Oft-referred to as “quintessential class actions”, the majority of product liability actions that have sought certification as class proceedings in the last 10 years have been granted certification. However, two recent...more

Arora v. Whirlpool: The Case of Smelly Washing Machines

Smelly washing machines were at the center of a recent decision of the Ontario Court of Appeal. In Arora v. Whirlpool Canada LP, the plaintiffs all bought Whirlpool front-loading washing machines. The early models of these...more

SCC Protects the Confidentiality of Settlement Amounts to Promote Settlement in Multi-Party Lawsuits

A recent decision of the Supreme Court of Canada has ruled that in a multi-party lawsuit, a plaintiff that settles with only some defendants can keep the settlement amounts confidential from the non-settling defendants, at...more

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