Banman v. Ontario

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
Neutral Citation2023 ONSC 6187
Citation2023 ONSC 6187
Docket NumberCV-21-00671048-00CP
Date31 October 2023

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20 practice notes
  • Gutierrez v. The Watchtower Bible and Tract Society of Canada
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 4, 2024
    ...2014 ONSC 290 (Div. Ct.), rev’g 2012 ONSC 2995 . [42] 2018 ONSC 5430 and  2020 ONSC 1644 , aff'd 2021 ONCA 197 . [43] 2023 ONSC 6187. [44] 2018 SCC 19 at para [45] Cavanaugh v. Grenville Christian College, 2012 ONSC 2995 . [46] Cavanaugh v. Grenville Christian College, 201......
  • Stolove v. Waypoint Centre for Mental Health Care
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 25, 2024
    ...v. DBDC Spadina, 2019 SCC 30 ; Harris v. Leikin Group Inc., 2011 ONCA 790 . [63] Leroux v. Ontario, 2023 ONCA 314 ; Banman v. Ontario, 2023 ONSC 6187; Farrell v. Attorney General of Canada, 2023 ONSC 1474 ; Francis v. Ontario, 2021 ONCA 197 ; Reddock v. Canada (A.G.), 2018 ONSC 3914 ,......
  • Trueman v. Rogers Communications Canada Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 23, 2025
    ...analysis under the new test, “the common issues – taken together - must predominate over the individual issues”: Banman v. Ontario, 2023 ONSC 6187, at para. vi.   The purpose of the determination of whether the common issues predominate is that a “class action will not be preferab......
  • Lockhart v. Attorney General of Canada
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 25, 2024
    ...credibility of Canada’s evidence, the certification motion is not the place to resolve conflicting facts and evidence: Banman v. Ontario, 2023 ONSC 6187, at Complaint Procedure [41] Oultan’s evidence is that cadets, adults and their parents are provided with training on sexual assault and s......
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6 cases
  • McVeigh v. Toronto
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 7, 2024
    ...50 deaths in one home but only 1 death in another under the same corporate umbrella. As Justice Perell observed in Banman v. Ontario, 2023 ONSC 6187, at para. 297: “systemic wrongdoing cases inherently present difficulties for a class member in proving that the systemic wrongdoing caused hi......
  • Knisley v. Attorney General of Canada
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 20, 2024
    ...2014 ONCA 901, [2014] O.J. No. 6070, at para. 122. [39] Fresh as Amended Factum of the Plaintiff, para. 130. [40] See: Banman v. Ontario, 2023 ONSC 6187, [2023] O.J. No. 4867, at paras. [41] Banman, note 40, at para. 365. [42] Limitation Act, 2002, SO 2002, c. 24, Sched B, s. 4. [43] RSC 19......
  • Alexander v. The Bank of Nova Scotia
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 8, 2024
    ...Section 5(1.1) of the CPA adds two further criteria for the court to consider: superiority and predominance. In Banman v. Ontario, 2023 ONSC 6187, Perell J. found that the preferable procedure analysis involves a.      Whether the design of the class action is manag......
  • Pedersen v. Advanced Bionics LLC
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 21, 2026
    ...in that case, the action is not suitable for certification.   [66]        In Banman v. Ontario, 2023 ONSC 6187, at para. 317, Justice Perell acknowledged that the section 5(1.1)(b) requirement was enacted with the intent to “raise the threshold, heigh......
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