Bennett Jones acted for the defendants in one of Lexpert's Top 10 Business Decisions of 2020-21 – Winder v. Marriott International Inc.
The case was the only class action on this year's list and provided the first example of the courts using the CBA Protocol to hold a joint case conference to resolve the issue of overlapping class actions.
Michael Eizenga says, “This case was significant because it provides a roadmap for courts across Canada to apply the CBA Protocol to resolve how many or which overlapping class action should proceed before certification. It is the first example of the courts using the CBA Protocol to speak to each other and hold a joint case conference for the purpose of resolving the issue of overlapping class actions.”
