Nov. 24, 2020 - Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. While they began resuming activities and easing restrictions over the summer and early fall, many courts are now reintroducing restrictions as various regions experience a second...
The Meaning of “Existence”: Wrestling with “Some Basis in Fact” and Common Issues After Pro-Sys
For 15 years, the standard of proof applied on certification motions in class actions has been the “some basis in fact” standard. However, the concept of “some basis in fact” is ill-defined, easier to describe in the negative and nearly impossible to delineate with certainty. While fraught with considerable uncertainty, the “some basis in fact” standard has played a key role in ensuring that certification motions continue to act as a meaningful screening device. The Supreme Court of Canada’s most recent jurisprudence may be undeniably pro-certification, but it does not eliminate or lower the “some basis in fact” standard or otherwise attempt to undermine the important screening function of certification motions. In this article, Derek Ricci & Michael Finley explore the concept and the impact of Pro-Sys.
This article was originally published in The Canadian Institute’s Class Action Review, Vol. 1, No. 2.
Nov. 19, 2020 - In a recent decision, 1 the Court of Québec permanently stayed the prosecution of tax fraud charges made against a corporation and two related individuals after finding "serious, multiple and systemic" 2 violations of constitutional rights. The Court held that the violations revealed "a..."