McCracken v. Canadian National Railway Co., [2012] O.T.C. Uned. 6838 (SC)
| Jurisdiction | Ontario |
| Judge | Perell, J. |
| Court | Superior Court of Justice of Ontario (Canada) |
| Subject Matter | PRACTICE |
| Citation | [2012] O.T.C. Uned. 6838 (SC),[2012] O.T.C. Uned. 6838,2012 ONSC 6838 |
| Date | 03 December 2012 |
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74 practice notes
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Overview
...3:2 Canadian Class Action Review 617 at 626–27. 15 2007 SCC 44 [Danier Leather]. See also McCracken v Canadian National Railway Co, 2012 ONSC 6838 [McCracken]. 16 Bricker, above note 6 at 405; a premium of $1 million was awarded to the successful plaintiffs at trial: 2005 CanLII 16619 (Ont ......
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The Early Campaign for Reform and the Olrc Report
...3:2 Canadian Class Action Review 617 at 626–27. 15 2007 SCC 44 [Danier Leather]. See also McCracken v Canadian National Railway Co, 2012 ONSC 6838 [McCracken]. 16 Bricker, above note 6 at 405; a premium of $1 million was awarded to the successful plaintiffs at trial: 2005 CanLII 16619 (Ont ......
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The Report of the Attorney General’s Advisory Committee on Class Action Reform (1985-1993)
...3:2 Canadian Class Action Review 617 at 626–27. 15 2007 SCC 44 [Danier Leather]. See also McCracken v Canadian National Railway Co, 2012 ONSC 6838 [McCracken]. 16 Bricker, above note 6 at 405; a premium of $1 million was awarded to the successful plaintiffs at trial: 2005 CanLII 16619 (Ont ......
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Twenty Years Later: What Are the Risks Faced By Plaintiffs’ Counsel, and How Have These Risks Changed?
...there was a settlement on the table that would net it $5,000,000 since it would bear all the risk yet none of the additional return.43 38 2012 ONSC 6838 at para 113 [McCracken]. 39 See CPC, above note 19, for the details of CPF-funded cases. 40 Trebilcock & Kagedan, above note 7 at 69. 41 S......
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31 cases
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Das v. George Weston Limited, 2017 ONSC 5583
...(4th) 352 (Ont. Gen. Div.); Hague v. Liberty Mutual Insurance Co., [2005] O.J. No. 1660 (S.C.J.); McCracken v. Canadian National Railway, 2012 ONSC 6838. This is the "loser-pays" principle. [63] A critical controlling principle for the awarding of costs is that the sum awarded reflect the f......
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Hughes v. Liquor Control Board of Ontario, 2018 ONSC 4862
...(1985), 51 O.R. (2d) 23 (H.C.J.). [15] R.S.O. 1990, c. C-43. [16] R.R.O. 1990, Reg. 194. [17] McCracken v. Canadian National Railway, 2012 ONSC 6838; Hague v. Liberty Mutual Insurance Co., [2005] O.J. No. 1660 (S.C.J.); Pike's Tent and Awning Ltd. v. Cormdale Genetics Inc. (1998), 27 C.P.C.......
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Das v. George Weston Limited, 2018 ONCA 1053
...Life Assurance Co. of Canada (2001), 6 C.P.C. (5th) 194 (Ont. S.C.), at paras. 22-23; McCracken v. Canadian National Railway Company, 2012 ONSC 6838, 31 C.P.C. (7th) 237, at para. [245] Novelty for the purposes of s. 31(1) is not an all or nothing thing, but rather operates along a continuu......
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MacQueen et al. v. Nova Scotia et al., 2014 NSCA 96
...N.S.R.(2d) 37; 1025 A.P.R. 37; 2012 NSSC 386, refd to. [para. 19]. McCracken v. Canadian National Railway Co., [2012] O.T.C. Uned. 6838; 2012 ONSC 6838, refd to. [para. Rosen v. BMO Nesbitt Burns Inc., [2013] O.T.C. Uned. 6356; 2013 ONSC 6356, refd to. [para. 21]. Kerr et al. v. Danier Leat......
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43 books & journal articles
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Beyond the Courtroom: Access to Justice, Privatization, and the Future of Class Action Research
...there was a settlement on the table that would net it $5,000,000 since it would bear all the risk yet none of the additional return.43 38 2012 ONSC 6838 at para 113 [McCracken]. 39 See CPC, above note 19, for the details of CPF-funded cases. 40 Trebilcock & Kagedan, above note 7 at 69. 41 S......
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A Decade of Competition Law Class Actions: From Chadha to the 'new Trilogy'
...there was a settlement on the table that would net it $5,000,000 since it would bear all the risk yet none of the additional return.43 38 2012 ONSC 6838 at para 113 [McCracken]. 39 See CPC, above note 19, for the details of CPF-funded cases. 40 Trebilcock & Kagedan, above note 7 at 69. 41 S......
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Foreword
...3:2 Canadian Class Action Review 617 at 626–27. 15 2007 SCC 44 [Danier Leather]. See also McCracken v Canadian National Railway Co, 2012 ONSC 6838 [McCracken]. 16 Bricker, above note 6 at 405; a premium of $1 million was awarded to the successful plaintiffs at trial: 2005 CanLII 16619 (Ont ......
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Class Actions in England, North America, and Australia
...3:2 Canadian Class Action Review 617 at 626–27. 15 2007 SCC 44 [Danier Leather]. See also McCracken v Canadian National Railway Co, 2012 ONSC 6838 [McCracken]. 16 Bricker, above note 6 at 405; a premium of $1 million was awarded to the successful plaintiffs at trial: 2005 CanLII 16619 (Ont ......
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