How have courts interpreted the principle in Sansalone in determining whether to certify a class action?
Alberta, Canada
The following excerpt is from 527375 Alberta Ltd. v. EPCOR Energy Services (Alberta) Inc., 2003 ABQB 997 (CanLII):
In the case of CIBC v. Deloitte and Touche (2002), 25 C.P.C. (5th) 188, Gans, J. of the Ontario Superior Court of Justice used the principle in Sansalone in determining whether based on pleadings certification of a class action was appropriate. In dismissing the application, he looked at the true nature of the claim and did not accept that he was bound by labels on pleadings.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
How have courts interpreted the principle of community of interest in municipal legislation? (Alberta, Canada)
How have courts interpreted the principle that no transfer or ownership passes or passes the estate unless the estate has already been registered? (Alberta, Canada)
What are the principles used to determine whether a fiduciary relationship exists? (Alberta, Canada)
How have courts interpreted the principle of Jarman on Wills in the context of a will? (Alberta, Canada)
What is the definition of a class action and what is the scope of the class? (Alberta, Canada)
How have courts interpreted the Charter and the role of the courts? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
What is the test for determining whether a delay in taking the action constitutes a bar? (Alberta, Canada)
