Class Action Quick Takes
Designed for busy in-house counsel, Bennett Jones' Class Action Quick Takes provides concise, timely insights on key developments, trends and strategies in the class action arena, helping you make informed decisions and stay ahead in your business.
Latest Blog
Ontario Court of Appeal Says that Plaintiffs Cannot Amend Instead of Appeal
What happens when a proposed class action fails at certification because the pleadings don’t disclose a viable cause of action? In David v. Loblaw Companies Limited, the Ontario Court of Appeal made clear that such a denial is final and, absent narrow exceptions, cannot be revisited through amended pleadings. The only path forward is an appeal.
The decision underscores the importance of finality in class proceedings and the limited role of discretion in departing from res judicata. It offers timely guidance for class plaintiffs and defendants alike on the consequences of certification failures and what comes next.
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Class Actions Group
Class Actions Group
Our Class Actions Group helps companies manage high-stakes disputes in areas such as product liability, price-fixing, securities, and corporate governance. With unmatched experience in complex litigation and procedural strategy, we guide clients through the certification stage and beyond, always mindful of the financial, regulatory, and reputational impacts these matters carry.
Our multidisciplinary team brings together strengths in litigation, regulation, governance, and risk management to deliver pragmatic, creative solutions that align with broader business objectives.
