Posts Tagged https://www.canlii.org/en/on/onca/doc/2017/2017onca792/2017onca792.html?searchUrlHash=AAAAAQCO4oCcYWlycGxhbmXigJ0gT1Ig4oCcYWlybGluZeKAnSBvciDigJxoZWxpY29wdGVy4oCdIE9SIOKAnEF2aWF0aW9u4oCdIE9SIOKAnGFpcm
Interestingly enough the issue of inclusion of foreign victims in class action suits came up in conversation around our dining room the other day. (Our youngest daughter, 15, is showing encouraging signs of an interest in a legal career). In 2017 ONCA 792 Airia Brands Inc v Air Canada is reviewed excellently by Dentons here and I am happy to refer. (See also here for Norton Rose reporting on related cases – prior to the CA’s decision in Airia Brands).
The jurisdiction and ‘real and substantial connection’ analysis referred to Van Breda (which recently also featured mutatis mutandis in the forum necessitatis analysis in Cook).
Certification of global classes was part of the classic analysis of developments in international class action suits, which hit us a few years back when many EU states started introducing it. Airia Brands shows that the concerns are far from settled.