Category: Class actions

Successful individual issues litigation is crucial to achieving the access to justice goals of the Class Proceedings Act, 1992. Jody Brown and Josh Mandryk take us through the proposed procedure for determining individual issues after common issues are established.

It has been nearly nine years since the Ontario Court of Appeal’s unpaid overtime class action certification trilogy was released, settling the law regarding the certification of unpaid overtime and employment misclassification class actions. Since then, misclassification class actions have become commonplace, with claims being certified across a wide range of industries and contexts.

The Ontario Superior Court recently held that an institution was systemically negligent while relying on relatively narrow evidence from select class members. In this blog post, Jody Brown and Erin Sobat review what kind of evidence is necessary to establish systemic negligence in class action trials.