No More Kicks at the Discovery Can: Motion to Examine CEO Second Witnesses Denied

No More Kicks at the Discovery Can: Motion to Examine CEO Second Witnesses Denied

On July 5, 2016, Justice Perell of the Ontario Superior Court released a decision in Fischer v IG Investment Management Ltd., which (among other things) denied the plaintiffs’ motion to examine certain senior executives of the defendant AIC Limited (“AIC”), and CI Financial Corp. (parent of the defendant CI Mutual Funds Inc. (“CI”)).

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Tonn V. Sears Canada Inc: Dismissing Class Certification with Instructions for Future Approval

Tonn V. Sears Canada Inc: Dismissing Class Certification with Instructions for Future Approval

The recent British Columbia case of Tonn v. Sears Canada Inc., 2016 BCSC 1081, is an example of a trend in Canadian cases where courts are conditionally certifying class proceedings despite a plaintiff’s failure to define the class as required or dismissing the application with substantial guidance for re-application.

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