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A proposed class action against four travel companies who sold vacations to Cuba was denied certification for failing to satisfy the requirements for the class action procedure

April 28, 2012

The certification application in a proposed class action against four travel companies alleging they negligently sold the Plaintiffs vacations to resorts in Cuba during a drought was dismissed because the pleadings failed to disclose a cause of action in negligence or negligent misrepresentation, failed to establish an identifiable class, failed to raise sufficient common issues to justify use of the class action procedure, and failed—in general—to establish that a class action would be the preferable procedure. Read the full decision here. The decision dismissing the certification application was upheld by the Court of Appeal for Saskatchewan. The Supreme Court of Canada denied the Plaintiffs’ application for Leave to Appeal further.

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