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Canada: Ontario Court Strikes Several Franchisee Claims In Shoppers Drug Mart Class Proceeding - Cassels Brock

In a recent decision of the Ontario Superior Court of Justice, Spina v. Shoppers Drug Mart Inc., the Honourable Mr. Justice Perell heard a motion for certification of a franchise class action as well as a cross-motion by the defendant under Rule 21 to strike various elements of the plaintiffs’ amended statement of claim.        

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United States: The Supreme Court's Amgen Decision: Proof Of Materiality Is Not A Prerequisite To Certification Of A Securities Fraud Class Action - Blank Rome LLP

On February 27, 2013, six justices of the U.S. Supreme Court joined to hold that, in order for a class to be certified, plaintiffs in a securities fraud class action need only plausibly allege—not prove—that allegedly misleading statements are material.

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Canada: Ontario Court Considers Franchise Class Action Challenging Scope Of Franchisors’ Right To Profit From Franchisees - McCarthy Tétrault LLP

In Spina v. Shoppers Drug Mart Inc., 2012 ONSC 5563, Justice Perell for the Ontario Superior Court has given judgment in the first stage of a class action certification motion brought on behalf of franchisees of Shoppers Drug Mart.

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Canada: Certification Denied In Consumer Product Class Action - Blake, Cassels & Graydon LLP

Justice Perell of the Ontario Superior Court of Justice recently dismissed the plaintiffs’ class certification motion in Arora et al. v. Whirlpool Canada LP and Whirlpool Corporation on the basis, in part, that there can be no recovery in a product liability negligence action for pure economic losses against the manufacturer of a non-dangerous consumer product.

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Canada: Carriage Motions: What Is The Preferred Form Of A Class Action? - Lerners

To paraphrase Justice Perrell, a carriage motion has aspects of a casting call or a rehearsal for certification, whereby competing plaintiff counsel submit that their proposed class action and plan will best serve the interests of class members.

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