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Episode 2 - The Rarity of Pre-Certification Discovery

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Overview

In our second episode, we explain the limits of pre-certification discovery, as well as related procedural differences between different Canadian jurisdictions. In contrast to U.S. practices, pre-certification discovery is rare in Canadian class actions — and procedural differences across Canada further highlight the benefit of a legal team with national expertise.

 

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Team

Primary Contacts
  • Mirna Kaddis, Associate, Montréal, QC, +1 514 397 7484, mkaddis@fasken.com
  • Andrew Borrell, Partner, Vancouver, BC, +1 604 631 3195, aborrell@fasken.com
  • Michael Parrish, Partner, Vancouver, BC, +1 604 631 4863, mparrish@fasken.com
  • Tracey M. Cohen, KC, FCIArb, Partner, Vancouver, BC, +1 604 631 3149, tcohen@fasken.com
  • Zohaib I. Maladwala, Partner, Toronto, ON, +1 416 868 3453, zmaladwala@fasken.com
  • Vera Toppings, Partner, Toronto, ON, +1 416 865 5136, vtoppings@fasken.com
Mirna Kaddis, Associate | Litigation and Dispute Resolution Mirna Kaddis Associate Montréal, QC +1 514 397 7484
Andrew Borrell, Partner | Litigation and Dispute Resolution Andrew Borrell Partner Vancouver, BC +1 604 631 3195
Michael Parrish, Partner | Product Liability Michael Parrish Partner Vancouver, BC +1 604 631 4863
Tracey M. Cohen, Partner | Commercial Litigation Tracey M. Cohen, KC, FCIArb Partner Vancouver, BC +1 604 631 3149
Zohaib Maladwala Toronto Lawyer Zohaib I. Maladwala Partner Toronto, ON +1 416 868 3453
Vera Toppings, Partner | Litigation and Dispute Resolution Vera Toppings Partner Toronto, ON +1 416 865 5136

Authors

  • Paul J. Martin, Partner, Toronto, ON, +1 416 865 4439, pmartin@fasken.com
  • Peter J. Pliszka, Partner | CHAIR, LIFE SCIENCES LITIGATION | CHAIR, PRODUCT LIABILITY & INSURANCE GROUP, Toronto, ON, +1 416 868 3336, ppliszka@fasken.com
  • Tracey M. Cohen, KC, FCIArb, Partner, Vancouver, BC, +1 604 631 3149, tcohen@fasken.com
Paul Martin Toronto Lawyer Paul J. Martin Partner Toronto, ON +1 416 865 4439
Peter J Pliszka Toronto Lawyer Peter J. Pliszka Partner | CHAIR, LIFE SCIENCES LITIGATION | CHAIR, PRODUCT LIABILITY & INSURANCE GROUP Toronto, ON +1 416 868 3336
Tracey M. Cohen, Partner | Commercial Litigation Tracey M. Cohen, KC, FCIArb Partner Vancouver, BC +1 604 631 3149

Related Solutions

Practices

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    • Episode 1 | The Multijurisdictional Maze, In our first episode, we explain what is needed for defendants to succeed when navigating this “multijurisdictional maze”.
    • Episode 3 | The Knockout Punch of Pre-Certification Motions, Some pre-certification motions are available in Canada that can put an end to, or significantly narrow, a proposed class action. In our third episode, we highlight different approaches across Canadian jurisdictions to such motions — including recent legislative changes and trends in the case law.
    • Episode 4 | The Contrasting Criteria for Certification Motions, Our fourth episode goes through the five-part test for certification applicable in Canadian jurisdictions except Quebec. We explain what elements of this test are common battlegrounds, how they fit together, and recent legislative changes and case law developments across Canada affecting defence strategy. We also explain the test for class action authorization in Quebec.
    • Episode 5 | The Hard-Fought End of Settlement or Trial, The Canadian experience with class action resolution is very similar to the U.S. — most cases settle and very few proceed to trial. In our fifth and final episode, we highlight key decision-points in the resolution of class proceedings, the challenges associated with coordinating settlements on a national scale, and the importance of case assessment in evaluating options available to defendants.
    womans hands in meeting Resource Episode 1 | The Multijurisdictional Maze In our first episode, we explain what is needed for defendants to succeed when navigating this “multijurisdictional maze”. Read more
    womans hands in meeting Resource Episode 3 | The Knockout Punch of Pre-Certification Motions Some pre-certification motions are available in Canada that can put an end to, or significantly narrow, a proposed class action. In our third episode, we highlight different approaches across Canadian jurisdictions to such motions — including recent legislative changes and trends in the case law. Read more
    womans hands in meeting Resource Episode 4 | The Contrasting Criteria for Certification Motions Our fourth episode goes through the five-part test for certification applicable in Canadian jurisdictions except Quebec. We explain what elements of this test are common battlegrounds, how they fit together, and recent legislative changes and case law developments across Canada affecting defence strategy. We also explain the test for class action authorization in Quebec. Read more
    womans hands in meeting Resource Episode 5 | The Hard-Fought End of Settlement or Trial The Canadian experience with class action resolution is very similar to the U.S. — most cases settle and very few proceed to trial. In our fifth and final episode, we highlight key decision-points in the resolution of class proceedings, the challenges associated with coordinating settlements on a national scale, and the importance of case assessment in evaluating options available to defendants. Read more

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