In what circumstances will a global class action be brought?
Ontario, Canada
The following excerpt is from Abdula v. Canadian Solar, 2015 ONSC 53 (CanLII):
With respect to the claim for negligent misrepresentation, the defendants submit that a global class would be unworkable because of the need to apply foreign law from numerous jurisdictions to that issue. As noted in Silver v. Imax, foreign law must be pleaded and proved. At the present time, with no Statement of Defence having been delivered, it is uncertain if the defendants intend to plead foreign law.
"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
Can a motion be brought on consent to add additional class members to a class action? (Ontario, Canada)
What is the test for common class members in a common class action? (Ontario, Canada)
Is the certification stage of a class action a test of the merits of the action? (Ontario, Canada)
Is a plaintiff entitled to receive, evaluate and respond to settlement offers made to the class in a class action? (Ontario, Canada)
What is the test for certification of a proposed class action pursuant to s. 5 of the Class Proceedings Act, 1992? (Ontario, Canada)
What is the criteria for certification of a class A class B class B claim? (Ontario, Canada)
What is the test for laches in an action brought by a party who has been a party to an action for over a year? (Ontario, Canada)
What is the class definition for a class action? (Ontario, Canada)
Can non-resident class members be protected in a class action? (Ontario, Canada)
What is the net recovery for the secondary market class in a securities class action? (Ontario, Canada)
