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Posts Tagged ‘ontario class action’

Yesterday, NERA Economic Consulting issued a working paper entitled Trends in Canadian Securities Class Actions: 2009 Update.  The paper covers offers a variety of figures and statistics on cases being pursued, time to resolution, the values of settlements reached in 2009, the exposure represented by cases still pending, and the number of cases with parallel U.S. proceedings.  One key trend discussed in the report is the development of the law on “secondary market liability” provisions of provincial securities acts, especially the Ontario Securities Act.  For a primer on secondary market liability in Canada, see this article from Canadian firm McCarthy Tétrault entitled Ten Quick Tips on Minimizing Exposure to Secondary Market Civil Liability.

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In the latest installment of Bulletproof Blog‘s series on class action trends from the plaintiffs’ perspective, Larry Smith interviews Canadian lawyer Won Kim.  Kim discusses a recent Ontario court ruling that allows U.S. plaintiffs’ firms to provide administrative support and legal expertise to their Canadian counterparts for class action litigation in Canada.  For the complete article, click the link below.

http://www.bulletproofblog.com/2009/11/04/whats-next-the-plaintiffs-perspective-new-ruling-allows-massive-u-s-support-for-class-action-litigants-in-canada/

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Julie Treadman of the American Lawyer published this intriguing article today summarizing her interview with former Milberg attorney Andrew Morganti, who has been working as a consultant for a plaintiff’s class action firm in Ontario, Canada.  Morganti provides his perspectives on the fast-developing areas of securities and antitrust class action law in Canada, opportunities for U.S. class action lawyers to assist or consult with Canadian firms, and cooperative efforts between plaintiffs’ firms in the U.S. and Canada to pursue parallel litigation in both countries.

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A colleague tipped me off today to the Supreme Court of Canada’s April 2 decision in Canada Post Corp. v. Lépine, 2009 SCC 16.  In that case, Canada’s high court upheld a lower court decision limiting the reach of a settlement class action filed in Ontario, purportedly on behalf of all residents of Canada other than residents of British Columbia.  The Supreme Court of Canada’s decision was an appeal from the Court of Appeal for Quebec, arising from a competing, parallel class action filed on behalf of Quebec residents.  The Quebec court had refused to recognize the validity of the Ontario court’s judgment approving the settlement in that case.

The high court’s ruling:

  • offers an analysis of the “Legal Framework for the Recognition of External Judgments,” including issues of comity in evaluating the binding effect of a judgment in one province on residents of another province,
  • discusses the concept of forum non conveniens in the context of national class actions, 
  • addresses issues of proper class notice in multi-jurisdictional settlements, and
  • comments on problems of national class action settlements in Canada in general, including the need for communication and cooperation between trial courts in different jurisdictions and the need for intervention by provincial legislatures in creating a more comprehensive framework for national class actions.

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