Supreme Court of Canada clarifies that Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces

24. November 2016 0
The Supreme Court of Canada allowed appeals from the BC and Ontario Courts of Appeal and held that section 12 of the Ontario and BC Class Proceedings Acts allow superior court judges to sit outside their home provinces in certain circumstances. Administrative law – Class proceedings – Courts – Extraprovincial proceedings – Judges – Jurisdiction ...

The Province of Ontario (“Ontario”) was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco (“Imperial”) regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial

27. September 2011 0
Administrative law – Arbitration – Scope of arbitration agreement – Arbitrators – Jurisdiction – Class proceedings – Settlements – Releases – Judicial review – Stay of proceedings – Parties – Remedies – Declaratory relief Ontario v. Imperial Tobacco Canada Ltd., [2011] O.J. No. 3392, 2011 ONCA 525, Ontario Court of Appeal, July 20, 2011, S.T. ...

The appellant, Ms. Seidel, successfully appealed a decision of the BC Court of Appeal, which held that her action against the respondent, TELUS, should be stayed because of an arbitration clause in her contract

26. April 2011 0
Administrative law – Class proceedings – Contracts – Arbitration agreements – Stay of proceedings – Jurisdiction – Compliance with legislation – Consumer protection – Public interest Seidel v. TELUS Communications Inc., [2011] S.C.J. No. 15, 2011 SCC 15, Supreme Court of Canada, March 18, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein ...

An appeal was allowed of a case management judge’s decision to dismiss an application for a stay of a potential class proceeding, in the presence of an arbitration clause; the case was remitted to the case management judge for reconsideration in accordance with the Court of Appeal’s reasons. While certification of a class proceeding would render an arbitration agreement inoperative, that decision cannot be made before the court determines whether the proceeding will be certified.

24. November 2004 0
Administrative law – Judicial review – Class proceedings – Certification – Arbitration agreements – Statutory interpretation – Compliance with legislation – Stay of proceedings MacKinnon v. National Money Mart Co., [2004] B.C.J. No. 1961, British Columbia Court of Appeal, September 24, 2004, Esson, Saunders, Low, Levine and Thackray JJ.A. The sole named Plaintiff had brought ...