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- Title
THE PRECARIOUS STATE OF THE RAGOONANAN PRINCIPLE IN ONTARIO.
- Authors
Brejak, Sidney
- Abstract
The Ragoonanan Principle requires each named defendant in a class proceeding to have a corresponding representative plaintiff asserting a cause of action against them. The Principle, first articulated by Cumming J in Ragoonanan Estate v Imperial Tobacco Canada Ltd, is only in force in Ontario and has been expressly rejected by most other Canadian jurisdictions. However, in 2014, the Supreme Court of Canada released its decision in Bank of Montreal v Marcotte, where it stated that "[n]othing in the nature of class actions . . . requires representatives to have a direct cause of action against, or a legal relationship with, each defendant in the class action." Subsequently, there was a lingering question as to whether Marcotte overturned Ragoonanan and opened the door for representative plaintiffs to bring multi-defendant class actions without a cause of action against each defendant. However, in his 2021 decision Vecchio Longo Consulting Services Inc v Aphria Inc, Perell J seems to have shut that door, holding that the Ragoonanan Principle was not overturned by Marcotte and is still applicable in Ontario. This article argues that Perell J's holding was erroneous and that the principles set out in Marcotte did overturn Ragoonanan.
- Subjects
ONTARIO; CAUSES of action; BANK of Montreal; CANADA. Supreme Court; CLASS actions; DIRECT action; CONSULTING firms; APPELLATE courts
- Publication
Canadian Class Action Review / Revue Canadienne du Recours Collectif, 2022, Vol 18, Issue 2, p171
- ISSN
1705-7369
- Publication type
Article