Ranjan Agarwal comments in Law Times on the Ontario Court of Appeal's decision in Airia Brands Inc. v. Air Canada, which allowed a global class action to proceed in the province, even though it involves absent foreign claimants. Ranjan says the unique circumstances presented by class actions justifies a final word from the Supreme Court.
He says if the appeal court decision stands, defendant lawyers will need to warn their clients about the risk of double recovery in countries that will not recognize any judgment that results in an Ontario action—"It's an open question as to how companies will respond to that risk."