McCarthy Tetrault’s Canadian Class Actions Monitor reports on Jensen v Samsung Electronics Co. Ltd.
Canadian courts are increasingly tilting against simply accepting a plaintiff‘s pleading at face value at certification, instead ensuring that plaintiffs’ allegations are a fair representation of the underlying evidence they rely on. Courts have historically walked a delicate balance to ensure they refrain from a full merits-analysis (prohibited at certification), while still ensuring claims have at least some minimal evidentiary basis to support them going forward. Nikiforos Iatrou, Casey Halladay, Akiva Stern and Olivia Trojko write on the Federal Court of Appeal’s recent decision in Jensen v Samsung Electronics Co. Ltd. which clarifies this burden.
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