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Life After Certification: The Merits of Contesting the Merits


Québec City


September 22, 2022

Time of event


This session will focus on our team’s experiences from two recent class actions wins on the merits. It is exceptionally rare for class actions to be determined on the merits in Canada. Most certified class actions settle in advance of trial, even when a defendant believes the allegations lack merit. In:

  • Turpin v. TD Asset Management, our client was fully vindicated on the merits following a full trial of certified common issues, an exceptionally rare event. This is the first decision in which a court has considered how trust duties function in the context of a mutual fund trust, and the first merits decision on so-called closet indexing.
  • Wong v. Pretium Resources Inc., our client was successful on appeal from an earlier summary judgment vindicating its disclosure in the secondary market. The court endorsed a pragmatic and contextual approach to disclosure in the first merits decision concerning secondary market misrepresentation.

Hear from our team on key strategic, procedural, and evidentiary issues, including the timing and sequencing of summary judgment motions and trials, certification strategy, striking expert evidence, and other trial issues.

This program qualifies for up to 1.5 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.

Barreau du Québec Continuing Education: This program contains up to 1.5 hours of content. For more information regarding the declaration and recognition of educational activities, please contact the Barreau du Québec.

For questions about this seminar, please contact [email protected].

Speakers / lawyers