On January 25, 2024, the Superior Court released an important decision regarding the content of a notice of certification to be sent out to class members in a class action against the Royal Bank of Canada Dominion Securities. The Defendant, RBC DS, had proposed a number of changes to the Notice of Certification. Justice Perell rejected RBC DS's proposed notice, finding:
[45] ...[The Defendant‘s] revisions have the ominous undertone of a warning about the consequences of the action reaching individual issues trials.
[46] This message is all of inaccurate, unfair, and unnecessary...
The Court's decision provides real guidance to counsel in drafting notices of certification and is an important reminder that, in class actions, notices to class members need to be informative, fair, balanced, and neutral, particularly where the Class includes existing employees working for the Defendant. A copy of the decision can be found HERE.
Cavalluzzo lawyers Stephen Moreau and Chris Perri are proud to represent class members in this ongoing class action, along with David O'Connor and Adam Dewar at Roy O'Connor LLP and Daniel Lublin at Whitten and Lublin.
For more information about the class action, see our website HERE.