Bigeagle v. Canada,
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 06 June 2023 |
| Citation | 2023 FCA 128 |
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15 practice notes
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The commonality test in class action certification: the battleground of screening merits and fair process
...procedural motion and not the occasion to determine the merits of the plaintif’s case. In class actions in Ontario, 77 Bigeagle v Canada, 2023 FCA 128 at para 44. 78 See, for example, Ewert v Nippon Yusen Kabushiki Kaisha, 2019 BCCA 187 at para 54; Spring v Goodyear Canada Inc, 2020 ABQB......
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Doan v. Canada,
...not material facts (Jensen FC at para 82; Bigeagle v Canada, 2021 FC 504 at paras 46-47 [Bigeagle FC] aff’d in Bigeagle v Canada, 2023 FCA 128 at paras 44, 46 [Bigeagle FCA]). The Court cannot either “fill in the gaps” of the Statement of Claim with the evidence, as s......
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Thomas v. Canada (Attorney General),
...are admissible only to the extent that they place the facts pled into context: Bigeagle v Canada, 2021 FC 504 at paras 36–46, aff’d 2023 FCA 128 at para [16] I agree with the Plaintiff and will admit and rely on the evidence contained within the Houston affidavit, in addition to the other......
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Walsh v Attorney General of Canada,
...621 at para. 58). Police officers employed by a municipal police service are not “servants” of the Federal Crown ( Bigeagle v. Canada, 2023 FCA 128, 483 D.L.R. (4th) 166 at para. 33, leave to appeal refused, [2023] S.C.C.A. No. 376; Ethier v. Attorney General of Canada, 2018 ONSC 2215, 410 ......
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14 cases
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Doan v. Canada,
...not material facts (Jensen FC at para 82; Bigeagle v Canada, 2021 FC 504 at paras 46-47 [Bigeagle FC] aff’d in Bigeagle v Canada, 2023 FCA 128 at paras 44, 46 [Bigeagle FCA]). The Court cannot either “fill in the gaps” of the Statement of Claim with the evidence, as s......
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Thomas v. Canada (Attorney General),
...are admissible only to the extent that they place the facts pled into context: Bigeagle v Canada, 2021 FC 504 at paras 36–46, aff’d 2023 FCA 128 at para [16] I agree with the Plaintiff and will admit and rely on the evidence contained within the Houston affidavit, in addition to the other......
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Walsh v Attorney General of Canada,
...621 at para. 58). Police officers employed by a municipal police service are not “servants” of the Federal Crown ( Bigeagle v. Canada, 2023 FCA 128, 483 D.L.R. (4th) 166 at para. 33, leave to appeal refused, [2023] S.C.C.A. No. 376; Ethier v. Attorney General of Canada, 2018 ONSC 2215, 410 ......
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McMillan v. Canada,
...of claim is a discretionary one. As such, it is subject to review on the palpable and overriding error standard: Bigeagle v. Canada, 2023 FCA 128 at para. 27, leave to appeal to SCC refused, 40910 (6 June [107] That said, leave to amend a statement of claim in a proposed class proceeding sh......
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1 books & journal articles
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The commonality test in class action certification: the battleground of screening merits and fair process
...procedural motion and not the occasion to determine the merits of the plaintif’s case. In class actions in Ontario, 77 Bigeagle v Canada, 2023 FCA 128 at para 44. 78 See, for example, Ewert v Nippon Yusen Kabushiki Kaisha, 2019 BCCA 187 at para 54; Spring v Goodyear Canada Inc, 2020 ABQB......