Class Action Certification Sample Contracts
British Columbia Supreme Court Vancouver, British ColumbiaClass Action Certification • July 18th, 2007
Application by the plaintiff W.W. for certification of the action against the Attorney General of Canada as a class proceeding, with the class ti be comprised of all former members of the Canadian Sea Cadets at HMCS Discovery who suffered sexual abuse between 1967 and 1977. The claim al- leged systemic negligence on the part of Canada for breaching an obligation to take measures in the operation of the cadet program to protect cadets from misconduct of a sexual nature. Canada argued that, relying on the Crown Liability and Proceedings Act, the claim did not disclose a cause of action since it was based on negligence rather than vicarious liability. Canada also argued that the claim was barred by being outside the six-month limitation period under the National Defence Act.
ContractClass Action Certification • July 18th, 2007
Whiting v. Menu Foods Operating Limited PartnershipClass Action Certification • November 19th, 2010
The plaintiffs in two actions brought motions seeking the carriage of proposed class actions arising from the recall cat and dog food because of concerns regarding the ingestion of the food and renal failure in the pets -- HELD: Carriage of the class action was granted to the "Whiting Group", and the Powell action advanced by the Merchant Law Group was stayed -- Each of the relevant factors favoured the Whiting Group, and it would be more advantageous to the class to have that action proceed -- The Whiting motion was clearly more advanced, and if the consolidation motion was successful this would likely delay the hearing of the certification motion, but the preparation of the Whiting counsel was superior to that of MLG -- The Whiting Group counsel team consisted of eleven law firms from seven provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular exper- tise in product liability cl