class proceedings act

Atlantic Lottery Corporation Inc v Babstock: SCC Rejects Waiver of Tort in Class Actions

Canadian courts have struggled with whether a "waiver of tort" stands as an independent cause of action for certification under the Class Actions Act, SNL 2001, c C-18.1 [CAA] and other provinces' equivalent acts. A waiver of tort allows the plaintiff to forego damages and seek disgorgement of the defendant's profits from wrongful conduct. Therefore, […]

A Costly Class Action: The Failed Nuisance Claim in Smith v Inco Ltd

Sabina Mexis 9.2720 Normal 0 The final act in an eleven year long class proceeding has concluded with Smith v Inco Ltd, 2013 ONCA 724. The defendant Inco had successfully defended itself against the claim for damages in the class action. Here, it sought to recover legal costs of over $5 million. Inco was awarded a still […]