Certified: Class Actions in Ontario & Beyond

Marg Waddell of Waddell Phillips talks about class member rights and the best ways of protecting them - as well as balancing those rights with the efficiencies promised by class actions. The discussion encompasses opt-out rights, notice requirements, and the changes brought about by Bill 161.

This special UK episode discusses the recent decision in Mastercard v Merricks, in which the UK Supreme Court gave the green light to competition law class actions. We hear from Walter Merricks, the class representative, and Stephen Wisking, a leading solicitor in the area. They discuss the case itself, other competition law cases, and the influence of Canadian jurisprudence on class actions in the UK.

Mike Robb of Siskinds discusses representation in class actions: the role of counsel and their duty to the class, intra-class and other conflicts, and the importance of representative plaintiffs.

Tina Yang of Waddell Phillips takes us through Ontario's certification test, how the courts have interpreted each of its criteria, and how that works out in her practice.

Jon Foreman and Mohsen Seddigh discuss the recent amendments to the CPA brought about by Bill 161, and especially the predominance and superiority changes to certification. How disastrous are those changes? Have we put a wrench in the engine of class actions? What does the future hold? Jon and Mo answer these questions with clear analysis and good humour.

Mike Peerless discusses the beauty-parading, mud-slinging world of carriage motions. Are they a good thing? Do courts apply clear and consistent criteria? Will the recent changes to the CPA make any difference, or should we use Quebec's first-to-file rule? And why can't we all just get along?

Janet Walker and Barry Glaspell discuss recent decisions on jurisdiction and conflicts of law, including Uber v Heller and Araya v Nevsun Resources, as well as the multi-jurisdictional aspects of recent changes to the Ontario Class Proceedings Act.

Chantelle Cseh discusses pre-certification motions, who brings them and why, and how the new section 4.1 of the Ontario Class Proceedings Act could bring some interesting changes.

Professor Jasminka Kalajdzic goes behind the scenes of the Law Commission of Ontario Report on Class Actions, discusses the recent changes to the Ontario Class Proceedings Act that included many of the Report's recommendations, and what further reforms she would like to see.

Professor Michael Legg of the UNSW Law Faculty in Sydney tells us how class actions are done differently in Australia - including closed classes, common fund orders, an aversion to cy-pres and the goal of behaviour modification, and recent politically-charged debates around the role of litigation funders.