Bayens et al. v. Kinross Gold Corp. et al.
| Jurisdiction | Ontario |
| Court | Ontario Superior Court of Justice |
| Judge | Perell, J. |
| Citation | [2013] O.T.C. Uned. 4974,[2013] O.T.C. Uned. 4974 (SC),2013 ONSC 4974 |
| Date | 26 July 2013 |
| Subject Matter | PRACTICE |
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76 practice notes
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The Role of Certification in Charter Class Actions to Assert the Rights of Persons in Prison
...11 Ibid at para 3. 12 Ironworkers Ontario Pension Fund v Manulife Financial, 2017 ONSC 2669. 13 Bayens v Kinross Gold Corporation, 2013 ONSC 4974 at para 41 [Bayens]. 14 Private litigation financing agreements are usually not reviewed by the courts unless it is stipulated that the agreement......
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Certifiable: Can a Class Action Address Canada’s On-reserve Drinking Water Crisis?
...11 Ibid at para 3. 12 Ironworkers Ontario Pension Fund v Manulife Financial, 2017 ONSC 2669. 13 Bayens v Kinross Gold Corporation, 2013 ONSC 4974 at para 41 [Bayens]. 14 Private litigation financing agreements are usually not reviewed by the courts unless it is stipulated that the agreement......
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Introduction
...20 at para 16. Dutton, above note 13 at paras 27–29; see also Fehr, above note 2 at para 39. Bayens et al v Kinross Gold Corporation, 2013 ONSC 4974 at para 21 CCAR 13-2.indb 197 10/30/2018 11:41:51 AM 198 The C a nadia n Cl a ss Action R eview no agreement, or understanding, between plaint......
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A Statutory Solution to Ontario’s Environmental Class Action Problem: Section 99(2) of the Environmental Protection Act
...11 Ibid at para 3. 12 Ironworkers Ontario Pension Fund v Manulife Financial, 2017 ONSC 2669. 13 Bayens v Kinross Gold Corporation, 2013 ONSC 4974 at para 41 [Bayens]. 14 Private litigation financing agreements are usually not reviewed by the courts unless it is stipulated that the agreement......
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15 cases
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Gebien v. Apotex Inc.
...ONSC 4466; Schenk v. Valeant Pharmaceuticals Inc., 2015 ONSC 3215; Musicians’ Pension Fund of Canada (Trustee of) v. Kinross Gold Corp., 2013 ONSC 4974; Stanway v. Wyeth Canada Inc., 2013 BCSC 1585; The Trustees of the Labourers' Pension Fund of Central and Eastern Canada v. Sino-Forest Cor......
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Hoy v. Expedia Group
...Company, 2018 ONSC 2535; Houle v. St. Jude Medical Inc., 2017 ONSC 5129 affd 2018 ONSC 6352 (Div. Ct.); Bayens v. Kinross Gold Corp., 2013 ONSC 4974; Dugal v. Manuflife Financial Corp., 2011 ONSC [3] Drynan v Bausch Health Companies Inc., 2020 ONSC 4; JB & M Walker Ltd./1523428 Ontario ......
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Lilleyman v. Bumble Bee Foods LLC
...v. Loblaw, 2018 ONSC 6469; Houle v. St. Jude Medical Inc., 2017 ONSC 5129, affd 2018 ONSC 6352 (Div. Ct.); Bayens v. Kinross Gold Corp., 2013 ONSC 4974; Dugal v. Manulife Financial Corp., 2011 ONSC [5] Flying E Ranche Ltd. v. Canada (Attorney General), 2020 ONSC 8076; Drynan v Bausch Health......
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Mancinelli et al. v. Barrick Gold Corp. et al.
...105 O.R. (3d) 364; Rooney v. ArcelorMittal S.A ., 2013 ONSC 7768; Musicians' Pension Fund of Canada (Trustees of) v. Kinross Gold Corp ., 2013 ONSC 4974, 117 O.R. (3d) 150. [65] Koskie had entered into an agreement with a third party funder, Claims Funding International, which provided an i......
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7 firm's commentaries
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International Arbitration Comparative Guide
...that class action plaintiffs must move to have a third-party funding agreement approved by the court (Bayens v Kinross Gold Corporation, 2013 ONSC 4974 at para 41). Parties in other provinces have sought court approval as well, but the courts have yet to take an explicit stance on this prac......
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Third Party Funding: A Short-Term Fad Or A Long-Term Trend That Is Here To Stay?
...must be considered. 6 An Act Respecting Champerty, R.S.O. 1897, c 327, s.1. 7 Justice Perell in Bayens et al Kinross Gold Corporation, 2013 ONSC 4974 at par 8 The litigant is the client. 9 The Agreement should recognize the lawyer's ethical and professional duties that are owed exclusively ......
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Third Party Funding Approved To Protect Class Action Plaintiffs Against Adverse Costs
...Bayens v. Kinross Gold Corporation, 2013 ONSC 4974, Justice Perell granted an unopposed motion to allow the use of third party litigation funding in an Ontario class action. Trustees of the Musician's Fund of Canada (the "Pension Fund") brought a securities market misrepresentation claim ag......
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Third Party Funding Gains Traction in Ontario Class Actions
...the current state of the practice was recently reviewed and summarized by Justice Perell in Bayens v. Kinross Gold Corporation, 2013 ONSC 4974. The Kinross proceedings involve a securities market misrepresentation claim by trustees of the Musician's Pension Fund of Canada (the "Pension Fund......
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53 books & journal articles
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The Role of Certification in Charter Class Actions to Assert the Rights of Persons in Prison
...11 Ibid at para 3. 12 Ironworkers Ontario Pension Fund v Manulife Financial, 2017 ONSC 2669. 13 Bayens v Kinross Gold Corporation, 2013 ONSC 4974 at para 41 [Bayens]. 14 Private litigation financing agreements are usually not reviewed by the courts unless it is stipulated that the agreement......
-
Certifiable: Can a Class Action Address Canada’s On-reserve Drinking Water Crisis?
...11 Ibid at para 3. 12 Ironworkers Ontario Pension Fund v Manulife Financial, 2017 ONSC 2669. 13 Bayens v Kinross Gold Corporation, 2013 ONSC 4974 at para 41 [Bayens]. 14 Private litigation financing agreements are usually not reviewed by the courts unless it is stipulated that the agreement......
-
Introduction
...20 at para 16. Dutton, above note 13 at paras 27–29; see also Fehr, above note 2 at para 39. Bayens et al v Kinross Gold Corporation, 2013 ONSC 4974 at para 21 CCAR 13-2.indb 197 10/30/2018 11:41:51 AM 198 The C a nadia n Cl a ss Action R eview no agreement, or understanding, between plaint......
-
A Statutory Solution to Ontario’s Environmental Class Action Problem: Section 99(2) of the Environmental Protection Act
...11 Ibid at para 3. 12 Ironworkers Ontario Pension Fund v Manulife Financial, 2017 ONSC 2669. 13 Bayens v Kinross Gold Corporation, 2013 ONSC 4974 at para 41 [Bayens]. 14 Private litigation financing agreements are usually not reviewed by the courts unless it is stipulated that the agreement......
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