Excalibur: The Divisional Court Affirms That Class Actions Are Not Always Preferable and That Ontario Courts Should Not Always “Go Global”

Excalibur: The Divisional Court Affirms That Class Actions Are Not Always Preferable and That Ontario Courts Should Not Always “Go Global”

In the recent Excalibur Special Opportunities LP v Schwartz Levitsky Feldman LLP decision, a majority of the Ontario Divisional Court upheld the ruling of Justice Perell denying certification of a proposed global class action on the basis that it failed to meet the preferable procedure and identifiable class requirements.