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Province needs to take action on arbitration clauses

Ontario’s legislature must act after the Supreme Court of Canada barred businesses from joining a consumer class action over alleged cellphone overbilling, says Toronto class-action lawyer Margaret Waddell. “The majority decision has flagged this as a problem for the legislature to fix, and I would hope they take that message and fix it,” says Waddell, partner […]

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Creativity on display in $100M class-action settlement

A $100-million class-action settlement shows the value of creative counsel, says Toronto class-action lawyer Margaret Waddell. The Federal Court recently approved the settlement in the case which involved around 13,000 disabled veterans who lost out due to pension reductions — which the plaintiffs argued were discriminatory. “The settlement of this veteran’s disability pension case demonstrates the importance of

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Waddell to mentor young and prospective class-action litigators

Toronto class-action lawyer Margaret Waddell will help introduce law students and young lawyers to the complex and evolving area of litigation, which has been her focus for more than 20 years. Waddell, partner with Waddell Phillips Professional Corporation, will take part in a March 21 panel discussion titled Mentoring with Class Action Litigators, organized by the Ontario Bar Association

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Changes to impaired driving laws likely to trigger court challenges

New legislation granting police more discretion during roadside checks could soon face court challenges, criminal lawyer Leighton Grey says. Prompted by the legalization of marijuana, Bill C-46 changed Canada’s impaired driving laws and gave police enhanced powers to conduct roadside intoxication tests. Grey, a senior partner with Grey Wowk Spencer LLP, says the legislation is flawed and will undoubtedly face

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Canadian firms shouldn’t read too much into Bangladeshi decision

Canadian companies with connections to foreign disasters could still find themselves on the hook for damages, even after the Court of Appeal recently dismissed a claim against a major retailer involving a building collapse in Bangladesh, says Toronto class action lawyer Margaret Waddell. The ruling by the province’s top court upheld a motion judge’s decision to dismiss the

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Representative plaintiffs play essential role in class-action lawsuits

Representative plaintiffs in class-action lawsuits play a vital role as the name and face of a very public proceeding, says Toronto class action lawyer Margaret Waddell. “To take on this role is a tremendous commitment,” says Waddell, partner with Waddell Phillips Professional Corporation. “They take on all the responsibilities of any plaintiff in any litigation, including taking

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Class-action ballet lawsuit can proceed, court rules

A judge has given the green light to a lawsuit launched by Toronto class-action lawyer Margaret Waddell against a prominent ballet school and former teacher on behalf of former students who allege intimate pictures were taken of them, some of which were sold online. Ontario Superior Court Justice Paul Perell certified the proceeding, which so far involves more

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Issue of due diligence is key in bank class-action lawsuit

The fundamental issue the Ontario Court of Appeal (OCA) was grappling with in a class-action lawsuit against major banks was the meaning of “exercising due diligence” to discover a potential claim, Toronto class-action lawyer Margaret Waddell tells Law Times. “The error of the motions judge was in holding class counsel to an unreasonably high standard — effectively expecting

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Law Commission of Ontario review enters new phase

Twenty-five years after the enactment of the Class Proceedings Act, 1992 (CPA), the Law Commission of Ontario (LCO) has recognized that a lack of empirical data on class proceedings is a significant problem, “lending to opacity and impressionistic information from which reliable conclusions cannot be drawn,” Toronto class-action lawyer Margaret Waddell writes in The Lawyer’s Daily. “Despite the dearth of empirical

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Ruling means better compensation for public health insurers

A recent Saskatchewan court decision is significantly improving the way public health insurers are compensated in class-action lawsuits, says Toronto class-action lawyer Margaret Waddell. “I think it’s a great decision,” says Waddell, a partner with Waddell Phillips Professional Corporation. “It’s really righted the ship that was off course.” Justice Brian Barrington-Foote, of the Court of Queen’s Bench for

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