Simon's Megalomaniacal Legal Resources

Class Proceeding - Subjects Table of Contents (D-Z)

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DAMAGES

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Ontario

Class Proceeding Cases (Ont) - Individual Damages
Class Proceeding Cases (Ont) - Aggregate Damages
CPA (Ont) s.24(1-10) Determination of Liability of Defendants and Awards to Class Members (including Individual Claims, Procedures and Limitations)

CPA (Ont) s.26(1-14) Judgment Distribution; Procedures
CPA (Ont) s.27.2(1-3) Charitable Cy-pres (Residual) Distribution

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Federal

FCR (fed) s.334.28(1-3) Assessment of Monetary Relief

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DISCOVERY AND EXAMINATION

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Ontario

CPA (Ont) s.15(1-4)
CPA (Ont) s.16(1-2) Examination For Motion or Application
RCP (Ont) R.12.03 Discovery of Class Members

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Federal

FCR (fed) s.334.22(1-3) Discovery

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EVIDENCE

Ontario

CPA (Ont) s.23(1-7) Statistical Evidence re Amount of Monetary Award Admissible; Procedure

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HEARING

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Ontario

Stages
CPA (Ont) s.11(1),12 Hearing Stages of Common and Individual Issues

Class Member Participation
CPA (Ont) s.14(1-2) Participation of Individual Class Members

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Federal

Class Member Participation
FCR (fed) s.334.23(1-2) Participation by Class Members

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INDIVIDUAL ISSUES

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Ontario

CPA (Ont) s.25(1-7) Individual Issues (Procedures and Limitations)
CPA (Ont) s.18(1-5) Notice to Class Members where their Participation Required to Determine Individual Issues; Orders

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Federal

FCR (fed) s.334.26(1-3) Procedure on Individual Questions
FCR (fed) s.334.27 Application of Individual Questions Procedure Where Defendant Liable on Common Questions

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ISSUE ESTOPPEL

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Federal

Class Proceeding Cases (Fed) - Issue Estoppel

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LIMITATIONS

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Ontario

Class Proceeding Cases (Ont) - Limitations
CPA (Ont) s.28(1-3) Suspension of Limitations During Class Proceedings

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LITIGATION PLAN

Class Proceeding Cases - Litigation Plan

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MOTIONS

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Ontario

CPA (Ont) s.34(1-3) Motions

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MULTI-JURISDICTIONAL CLASS PROCEEDING

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Ontario

Class Proceeding Cases - Multi-jurisdictional
CPA (Ont) s.1(1) Definitions ["multi-jurisdictional class proceeding"]
CPA (Ont) s.5.1(1-2) Certification of Multi-Jurisdictional Class Proceedings

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NOTICE

The statutory notice provisions listed here apply generally to all notices, but there are specific notice provisions relating to other subtopics. I suggest using a keyword search on 'notice' to locate them.

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Ontario

Applies to all Notices
CPA (Ont) s.20(1-3) Notice, General Requirements
CPA (Ont) s.21 Notice, Delivery of
CPA (Ont) s.22(1-2) Notice, Costs of

Notice to protect interests of affected persons
CPA (Ont) s.19(1-4) Notice to protect interests of affected persons

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Federal

General
FCR (fed) s.334.32(2-6) Notice - General

Notice to protect interests of affected persons
FCR (fed) s.334.35(1-2) Notice to protect interests of affected persons

Notice May Be Ordered
FCR (fed) s.334.36 Notices May be Ordered

Notices Require Judicial Approval
FCR (fed) s.334.37 Notices Require Judicial Approval

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OPTING-OUT

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Ontario

Class Proceeding Cases - Opt-Out
Class Proceeding Cases (Ont) - Opt-Out
CPA (Ont) s.9 Opt-Out

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Federal

Class Proceeding Cases (Fed) - Opt-Out
FCR (fed) s.334.21(1) Opting-Out
FCR (fed) s.334.21(2) Deemed Opt-out Where Other Common Questions Proceeding Not Discontinued

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ORDERS AND JUDGMENTS

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Ontario

CPA (Ont) s.11(2) Judgments May be Separate
RCP (Ont) R.12.05(1) Contents of Judgments and Some Orders [1/3]

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Federal

FCR (fed) s.334.24(1-2) Judgments

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PLEADINGS

Ontario

Class Proceeding Cases (Ont) - Pleadings
RCP (Ont) R.12.02(1-2) Title of Proceeding

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PRACTICE

Class Proceeding Cases - Practice

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REGISTRATION

Ontario

CPA (Ont) s.2(1.1) Registration of Proceeding
CPA (Ont) Reg 497/20 General, s.1(1-5) Registration of Proceedings

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REGULATIONS

Ontario

CPA (Ont) s.1(1) Definitions ["prescribed"]
CPA (Ont) s.1(1) Definitions ["regulations"]
CPA (Ont) s.38(1-2) Regulation Powers

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'REVERSE' CLASS ACTIONS

Ontario

Class Proceeding Cases (Ont) - 'Reverse' Class Proceeding
Class Proceeding Cases (Fed) - 'Reverse' Class Proceeding
CPA (Ont) s.1(3) "Representative Party", Meaning
CPA (Ont) s.4 Representative Defendant

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SECURITIES ACT PROCEEDINGS (Ont)

CPA (Ont) 497/20 General, s.2 Securities Act Proceedings

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SETTLEMENT

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Ontario

Court Approval
CPA (Ont) s.27.1(1-3,5-6) Court Approval of Settlement(Ont)
CPA (Ont) s.27.1(4) Effect of Settlement
CPA (Ont) s.27.1(12) Notice of Court Settlement Approval
CPA (Ont) s.27.1(13) Court Supervises Settlement

Settlement Court Hearing
CPA (Ont) s.27.1(7) Disclosure for Settlement Motion
CPA (Ont) s.27.1(8-9) Notice of Settlement Hearing
CPA (Ont) s.27.1(10) Submission Participation at Settlement Hearing
CPA (Ont) s.27.1(11) Where Minors Possibly Involved

Court Order
RCP (Ont) R.12.05(1) Contents of Judgments and Some Orders [2/3]

Distribution of Settlement Funds
CPA (Ont) s.27.1(14-18) Distribution of Settlement Funds; Report to Court

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Federal

Class Proceeding Cases (Fed) - Settlement
FCR (fed) s.334.29(1-2) Settlements
FCR (fed) s.334.34 Notice of Settlement Offer or Approval

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STAYS

'Stays' are sometimes used in class proceeding scenarios to suspend competing class proceedings, such as those for unsuccessful parties in 'carriage motions' [see that subject above].

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Ontario

CPA (Ont) s.13 Stays Available

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Federal

Class Proceeding Cases (Fed) - Stays

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SUBROGATED CLAIMS

Ontario

CPA (Ont) s.27.3(1-3) Duties and Rights Respecting Subrogated Claims
CPA (Ont) Reg 498/20 Subrogated Claims, s.1

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TERMINATION OF PROCEEDING

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Ontario

Class Proceeding Cases (Ont) - Dismissal for Delay
CPA (Ont) s.29(1-2) Discontinuance, Abandonment or Dismissal
CPA (Ont) s.29.1(1-4) Mandatory Dismissal for Delay
RCP (Ont) R.12.05(1) Contents of Judgments and Some Orders [3/3]

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Federal

FCR (fed) s.334.3 Discontinuance

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THIRD PARTY PROCEEDINGS

Class Proceeding Cases - Third Party Proceedings

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TRANSITION

Ontario

CPA (Ont) s.39(1-4) Transition [s.35, Sch.4, Smarter and Stronger Justice Act, 2020 in force 01 Oct 2020]