Is Contractual Interpretation a Common Issue?

Is Contractual Interpretation a Common Issue?

Canadian courts routinely certify the interpretation of contracts as common issues in class actions. Following the Supreme Court of Canada’s recent decision in Sattva Capital Corp v Creston Moly Corp, however, this practice may come into question. Though Sattva was not a class action, it may nevertheless open the door to arguments that contractual interpretation raises individual variability and should not be certified as a common issue.

Court of Appeal Rules That NYSE and London Stock Exchange Purchasers Cannot Pursue Securities Class Action Claims Against BP in Ontario

Court of Appeal Rules That NYSE and London Stock Exchange Purchasers Cannot Pursue Securities Class Action Claims Against BP in Ontario

Today, the Court of Appeal for Ontario ruled that a proposed securities class action against BP, PLC cannot proceed on behalf of Canadians who purchased their securities in the United States and United Kingdom. The Court of Appeal overruled the lower court’s decision. Osler, Hoskin & Harcourt LLP represented BP in the proceedings.