Categories
Ontario Superior Court of Justice Trials

Witnesses and Personal Injury Pre-Trial Conferences

Plaintiff personal injury lawyers have typically developed excellent systems for gathering and managing documents. Sometimes witnesses are an afterthought and the first time a list of witnesses is created is at a pre-trial conference. It is good practice to build and maintain a list of witness during the course of an action, but where a list […]

Categories
Ontario Superior Court of Justice Trials

Class Actions in Ontario and Canada

The 3 goals of class proceedings aka class actions are understood to be: It is not uncommon for a class action to be based out of a single province or apply across Canada.  Quebec, Ontario and B.C. have the most class action cases.  In Ontario, class actions are governed by the Class Proceedings Act, 1992 […]

Categories
Ontario Superior Court of Justice Trials

Class Actions and the Rules of Civil Procedure

This article gives an overview of the the Rules of Civil procedure that govern class proceedings aka class actions.  It is important to read the rules with the Class Proceedings Act, 1992 (the “Act”) in mind. Rule 12 of the Rules of Civil Procedure Rule 12 deals with class proceedings. Pursuant to rule 12.02, the title […]

Categories
Ontario Superior Court of Justice Trials

An Overview of the Class Proceedings Act, 1992

The Class Proceedings Act, 1992 (the “Act”) sets out Ontario’s class action regime. Class actions may be started by a plaintiff or by a defendant on a motion to a Judge for certification (section 2).  Plaintiffs must do so within 90 days of the last defence or time for last defence.  Defendants may do so […]