James Sullivan, K.C. and Robin Reinertson
IADC members James Sullivan, K.C. and Robin Reinertson, partners at Blake, Cassels & Graydon LLP, were successful counsel in MM Fund v. Excelsior Mining Corp., 2024 BCCA 163 (leave to the Supreme Court of Canada dismissed), “a high-stakes decision on class action eligibility” in which the British of Columbia Court of Appeal confirmed that at least one British Columbia resident is required in order to commence a class action in British Columbia. Lexpert magazine has selected this decision as one of its top 10 business decisions for the year 2023-2024. Robin was quoted in the article as noting that “this limitation is significant for businesses that may be potential defendants in a proposed class action,” as it narrows exposure to the procedural advantages plaintiffs hold under B.C.’s Class Proceedings Act.
Lexpert presents the 10 most significant judicial rulings affecting the business community annually. The top 10 are determined through a nomination process and consultation with Canada’s leading litigators. The cases must have been released between October 1, 2023, and September 30, 2024. Culminating in decisions by Canada’s appellate courts, this year’s top 10 cases set precedents or clarified nuances on issues like residency requirements under provincial class action rules, data privacy, the jurisdiction of specialized courts, and available remedies to patent holders.