Future of Class-Actions in Canada

lawiscool | Civil Rights, Class Action, Construction Law, Law Career | 21st March - 2008

The largest Canadian Constitutional class-action suit in currently under scrutiny.
Background
Following M. v. H (1999), the Canada Pension Plan (1985) (CPP) was amended in 2000 to include survivor benefits for same-sex couples to comply with equality provisions under s. 15 of the Charter,
Section 15.

Every individual is equal before and under the law and has the right […]

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N.B. Sues Big Tobacco

lawiscool | Class Action, Ethics, Health Law, Humour, Torts | 18th March - 2008

The Attorney General of New Brunswick, T.J. Burke, announced last week a suit will be launched by the province against 14 tobacco companies.
The claim? People are dying prematurely in the province due to smoking, which costs the province health dollars. Grounds have been presented of alleged misrepresentation of the hazards of tobacco smoke.
Health […]

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A Sweet Class-Action v. Chocolate

lawiscool | Class Action | 25th February - 2008

Eaten chocolate since February, 2004?
Chances are you have. And that might make you eligible for this class-action lawsuit against chocolate manufacturers.
Juroviesky and Ricci filed an action in the Ontario Superior Court of Justice for violations of the Competition Act and provincial consumer protection acts against major chocolate producers.
CNW Group states,
The suit claims that […]

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When Contracts Go Postal

Omar Ha-Redeye | Class Action, Contracts | 23rd October - 2007

No Obligation without Acceptance
In general, a contract is not formed until there is communication of acceptance.
Carmichael v. Bank of Montreal (1972), established that the offerer must be available to receive the acceptance for the contract to be valid.
There are no contract and no obligation until the acceptance is received from the offeree.
However, there is an […]

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Class Action over Agent Orange to Proceed

lawiscool | Class Action, Health Law | 2nd August - 2007

Canadian soldiers have launched a class-action lawsuit for exposure to Agent Orange between 1956 and 2004.
Agent 00range
No, it’s not a James Bond character or the antagonist in a bad spy novel.
Agent Orange was a defoliant used extensively in the Vietnam War that contained chemicals called hexachlorolbenzene (HCB) and dioxins. Underbrush was destroyed […]

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