Class actions have been part of the law of Ontario since 1992, with the enactment of the Class Proceedings Act. Class actions permit many persons having the same or similar claims against a defendant or several defendants to pursue their claims through a representative party. One person, the "representative plaintiff," brings an action on behalf of themselves and others who are in the same position in relation to the defendant.
The representative plaintiff "represents" the interests of all of the members of the plaintiff class in the lawsuit and all of the class members. Instead of many different law suits raising the same issue against a defendant over and over again, class actions allow an issue that is common to many claimants to be decided in one courtroom at one time.
Class actions are often the only effective way in which ordinary individuals can achieve compensation and justice when harmed by large and powerful corporations.
The lawyers at Landy Marr Kats LLP have been involved in several class actions.
As Toronto class action lawyers some of our recent successes in class action proceedings include the following:
Cheung v. Kings Land Developments Inc. (Re: The World Centre), which was settled in 2004, on the eve of trial;
Lau v. Bayview Landmark, which settled in January 2007; and
Conquest Vacations - In 2007, this Class Action was brought by a large group of individuals for damages for common upsetting experience, which occurred at the end of December 2006 during a vacation arranged by Conquest Vacations.
We also have several ongoing class actions, including;
Parklane Financial Group Limited Landy Marr Kats LLP is once again standing up for the Canadians in another class action. On September 18, 2008 a new class action was launched by Landy Marr Kats LLP. Michael Cannon as Representative Plaintiff seeks $50 million dollars in damages on behalf of himself and all investors in the Donations Canada Charitable Donation program (a program sold and marketed by Parklane Financial Group Limited).
The Statement of Claim (which contains allegations not yet proven true in Court) states that the Canadian Revenue Agency has or will disallow all of the tax credits claimed by class members, resulting in the investors losing their investments, and having to repay the tax credits received along with interest and penalties.
If you are an investor in this program please contact lead counsel Samuel Marr at email@example.com. We need your assistance, particularly in providing the documentation you received. There is no cost for you to participate, (any fees will be paid by the Defendants) so please contact us without delay.
Order extending opt-out for Third Party Defendants - February 22, 2013
Newsletter - November 6, 2012
Leave to Appeal Certification Denied - October 29, 2012
On October 29, 2012 the Divisional Court dismissed all the defendants' motions for leave to appeal from the certification order and the dismissal of ParkLane's and the Lawyers' motions for summary judgment. The case will now be proceeding to the next steps in the litigation which involve an exchange of all relevant documentation between the parties. This will be a lengthy and time consuming process. Further updates will be made as significant steps are reached. Reasons of Justice Sanderson on the motions for leave to appeal can be read here (pdf).
Newsletter - May 30, 2012
Class Action Certified - January 18, 2012
The motion for certification of this action as a class proceeding was argued on August 22 - 25, 2011. At the same time, Park Lane and the Lawyer defendants sought to have Mr. Cannon's claims against them dismissed on a summary judgment basis. On January 18, 2012, this action was certified as a class proceeding against all the defendants except the independent directors of the Funds for Canada Foundation, and the summary judgment motions were dismissed. The Reasons for Decision can be read here (pdf).
The defendants all sought leave to appeal from the certification order. The Divisional Court heard motions for leave to appeal by each defendant on June 28, 2012. All the motions for leave to appeal were denied on October 29, 2012.
Newsletter - January 18, 2012
Newsletter - July 22, 2011
Another procedural victory, May 16, 2011
Class Proceedings Funding Obtained - October 21, 2011
The Plaintiff has now obtained Stage One and Two funding from the Class Proceedings Fund for this action. Stage One refers to any steps taken up to the end of the hearing of a motion for an order of the court certifying the proceedings as a class proceeding. Stage Two refers to appeals of any order of the court relating to certifying the action as a class proceeding. This means that the Class Proceedings Fund will cover certain costs of prosecuting the action. These costs will be reimbursed out of any settlement or award, and the Class Proceedings Fund will be entitled to 10% of any ultimate recovery.
Bell 911 - In November 2007, a $6-million class action lawsuit was filed against Bell Mobility. James Anderson, a resident of the Northwest Territories, decided to sue the company for unfairly charging him 75 cents each month for 911 services when the Northwest Territories does not have a 911 emergency response system.
Landy Marr Kats LLP defeats motion by Bell Mobility to strike Statement of Claim; Cellphone provider Bell Mobility has failed in its bid to get a $6-million class-action lawsuit tossed out of court, clearing the way for court proceedings over the company's 911 fees.
Bell 911 Memorandum of Judgment- Bell Appeal Memorandum of Judgment Delivered from the Bench
Bell 911 News Article- Bell Appeal Rejected April 24, 2009
Bell 911 Newsletter Number 1 - June 26th 2009 update
Landy Marr Kats LLP secures another procedural victory: CLASS ACTION EXPANDED TO INCLUDE Nunavut and Yukon, May 27, 2011
Notice of Certification - June 27, 2011
August 12, 2011 - Landy Marr Kats has another procedural victory.
May 2012 - Bell 911 Newsletter regarding March 2013 trial date.
CLASS ACTION - NOTICE OF SETTLEMENT - 745 NEW WESTMINSTER CONDO - please click here
For More Information Contact Landy Marr Kats LLP