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Carriage was granted to the Padley action in a competing class-action dispute against SSR Mining, with the Mutat action stayed pending certification.
The motion judge did not err in refusing to grant permanent stays under s.50(1)(b) FCA because, on the record, Hudson and Pierrot sufficiently focus on systemic racism and implicit misconduct whereas Greenwood and AMPMQ focus on bullying/intimidation/abuse of power, so the proceedings are not duplicative to a degree warranting a permanent stay; the motion judge properly considered class-action goals, balanced prejudice, applied the correct standard, and left finer overlap issues to certification or case management.
Source excerpt
The court granted carriage of a proposed national class action to A.T., finding its action better prepared and more defensible than C.K.âs on a holistic Rogers analysis.
Appeal from a stay of a proposed class action dismissed by majority, holding Kett and Sibble overlapped and the chambers judge made no reviewable error.
Carriage motion in competing Philips class actions. The court granted carriage to the Morel action, stayed Nathanson, and barred similar BC actions pending certification.
La Cour dâappel a rejetĂ© lâappel et confirmĂ© lâoctroi de la conduite du recours collectif aux demandeurs O'Connor, malgrĂ© lâargument dâun recours plus Ă©troit.
Carriage was granted to Sibble in overlapping Google privacy class actions, and the Reid and Kett actions were stayed pending certification in Sibble.
The Court dismissed a stay application in overlapping LifeLabs privacy-breach class actions, holding that the Ontario carriage decision did not bar BC carriage proceedings.
The motion judge did not commit a reviewable error: he permissibly applied a multi-factor carriage analysis, reasonably concluded that Day's asserted harms and opposing counsel's Daniels experience better served the combined MĂ©tis/Non-Status Indian class, legitimately treated post-scheduling amendments with caution, and reached a discretionary decision the Court of Appeal would not overturn absent palpable and overriding error; accordingly the appeal is dismissed and the Federal Court carriage order in favour of the Day action is upheld.
Source excerpt
The court granted carriage of competing Marriott data breach class actions to the Krygier Action, finding a national class best served judicial economy and class interests.
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