Ethan Schiff

Bennett Jones LLP

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Latest Posts › Appellate Courts

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Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a...more

8/7/2025 / Appeals , Appellate Courts , Class Action , Copyright Infringement , Copyright Litigation , Federal Court Litigation , Intellectual Property Litigation , Litigation Strategies , Predominance Requirement , Putative Class Actions

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

5/27/2025 / Antitrust Litigation , Appeals , Appellate Courts , Canada , Class Action , Class Certification , Discovery , Evidence , Litigation Strategies

A Product Cannot Damage Itself: Ontario Court of Appeal Sets Aside Certification of Motor Vehicle Engine Class Action

Damage to a product resulting from a defect within the product constitutes presumptively unrecoverable pure economic loss. That is the conclusion of the Ontario Court of Appeal in North v. Bayerische Motoren Werke AG, 2025...more

5/13/2025 / Appeals , Appellate Courts , Canada , Class Action , Damages , Liability , Negligence , Ontario , Product Defects

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