Litigation, ADR & Class Actions

All aspects of class action law and practice, as well as jurisprudence and legislation related to dispute resolution, whether it be litigation, arbitration, or mediation in both the domestic and international context, as well as issues surrounding access to justice and the awarding of costs

Structured settlements: Hopes and dreams or real and certain?

Personal injury lawyers should examine the feasibility of structured settlements (a settlement paid out as an annuity, not all in one lump sum) more closely in today’s low interest environment, a veteran plaintiff’s counsel maintains. “The bar has become extremely comfortable with structures, partly because there’s no real incentive for lawyers to dig deeper,” says […]

In Callidus Capital, SCC looks at litigation funding

With the Supreme Court of Canada’s decision to hear the appeal in 9354-9186 Québec inc., et al. v. Callidus Capital Corporation 2018 QCCA 632, litigation funding will for the first time be front and centre at the high court. And because it arises in the context of a Companies’ Creditors Arrangement Act proceeding, the decision will be particularly significant […]

Learning from the US & Vice Versa

Jeffrey Leon, a partner at Bennett Jones LLP in Toronto, has just completed a one-year term as only the second Canadian president of the American College of Trial Lawyers (ACTL). His tenure saw him travel some 250,000 kilometres to visit 45 states and nine provinces, affording him a unique insight into the mindset and practices […]

Federal court certifies veterans’ class action for delay on pension benefits

The Federal Court has certified a $100 million class action brought by former members of the Canadian Armed Forces reserves who alleged that the government illegally delayed their retirement benefits. “There were 1,300 complaints to the CAF ombudsman between 2006 and 2017,” says Adam Tanel, an associate at Koskie Minsky LLP and co-counsel for the class. The […]

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