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Class Actions: Looking Forward 2024

In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more

Ontario Court of Appeal Affirms that Class Actions Cannot be Certified Without Evidence of Common Issues

In Lilleyman v Bumble Bee Foods LLC, 2024 ONCA 606, the Ontario Court of Appeal affirmed the motion judge’s dismissal of certification for a class action alleging price-fixing of canned tuna. The Court unanimously affirmed...more

The Inbetweeners—Mass Torts That Do Not Meet the Certification Criteria

What Canadian process is available for mass torts when a class action cannot be certified? That is one question addressed by the Ontario Superior Court of Justice in Carcillo v Canadian Hockey League (Carcillo)....more

Ontario Superior Court Decides Bellwether Individual Issues Trials in Class Action

In Reddock v Attorney General of Canada, 2024 ONSC 3238, the Ontario Superior Court released a post-common issues trial decision regarding the additional damages, if any, five plaintiffs were entitled to as a result of the...more

A Clarified Approach to Exclusion Clauses in Contracts for Sale of Goods

Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject...more

Developments in General Causation Methodologies for Class Certification

In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's...more

Class Actions: Looking Forward 2023

We begin with an update on a trilogy of privacy class actions appeals in which plaintiffs sought, unsuccessfully, to expand the tort of intrusion upon seclusion. Next, we canvass the various approaches of Ontario courts...more

Video Game "Loot Boxes" May Violate B.C. Consumer Protection Law Says B.C. Supreme Court

"Loot boxes" are mystery boxes in a video game that pay out prizes or other items for in-game use. Players can earn loot boxes, but often purchase them with real-world money. The loot obtained varies in value considerably....more

British Columbia Employer Found Vicariously Liable for Data Breach

The Ontario Court of Appeal recently released a trilogy of decisions (Winder v. Marriott International, Inc., 2022 ONCA 815; Obodo v. Trans Union of Canada, Inc., 2022 ONCA 814; Owsianik v. Equifax Canada Co., 2022 ONCA 813)...more

Seller Beware: Ontario Court of Appeal on Requirements to Exclude Statutory Warranties and Conditions

The Ontario Court of Appeal recently released Pine Valley Enterprises Inc v Earthco Soil Mixtures Inc [Pine Valley], which reminds businesses that all sales of goods are subject to warranties and conditions under the Sale of...more

Four Appeals at the Supreme Court of Canada in the 2022 Winter Session

The Supreme Court of Canada winter term has begun. While the court will be hearing mostly criminal law matters, in January through March, it will consider four cases that may interest the business community or organizations...more

Three Appeals at the Supreme Court of Canada in the 2021 Fall Session

The Supreme Court of Canada Fall term begins now. While the court will be hearing mostly criminal law matters, in November, it will consider three cases that may interest the business community or organizations facing civil...more

Ontario Superior Court Limits Potential Class Action Entitlement for Pure Economic Loss

While the effects of the Supreme Court of Canada's decision in 1688782 Ontario Inc v Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf], begin to reverberate in the decisions of lower courts, Justice Paul Perell's certification...more

Another Reminder of the Low Bar for Class Action Certification in British Columbia

In McCorquodale v RBC Global Asset Management Inc., 2021 BCSC 144, the British Columbia Supreme Court relied on the principle of consistency in case law in applying a low bar to certification in class proceedings. In doing...more

8 Appeals at the Supreme Court of Canada in the 2021 Winter Session

The Supreme Court of Canada heard one appeal in January and will hear seven more in February and March that may interest the business community or organizations facing civil litigation...more

The Supreme Court of Canada Will Hear Five Civil Appeals in December

The Supreme Court of Canada will hear five appeals in December that may interest the business community or organizations facing civil litigation....more

Three Important Civil Appeals at the Supreme Court of Canada in October and November

In October and November, the Supreme Court of Canada’s docket is largely made up criminal cases. That said, there are three appeals that may interest businesses and organizations facing civil litigation....more

The Supreme Court of Canada Resumes In-Person Appeals

Next week, the Supreme Court of Canada will resume hearing in-person appeals after a brief hiatus because of the COVID-19 emergency. In June 2019, the Supreme Court heard several appeals by videoconference. All other appeals...more

Data Breach and Vicarious Liability for Employee Misconduct

It is not only hackers who pose a risk to an organization's information security; hostile insiders do as well. According to Verizon, an estimated 34 percent of data breaches involve internal actors. Hostile insiders may be...more

Seven New Appeals Will Be Heard by the Supreme Court of Canada

Although the Supreme Court has suspended hearing appeals, the Court continues to issue judgments both on appeals and applications for leave to appeal. Hearings scheduled for March, April and May were adjourned on March 25,...more

Five Cases to Watch at the Supreme Court of Canada this Winter

The Supreme Court this winter will hear (and in one case, has heard and determined) high-profile appeals involving federal and provincial government powers, corporate rights under the Charter of Rights and Freedoms, and two...more

The Balance of Convenience in Judicial Review Applications—A Lesson in the Cannabis Space

In judicial review applications, the reviewing court's decision to grant a remedy is discretionary, even if the applicant makes out its case on the merits (although typically the court will grant remedial relief where the...more

Court of Appeal Affirms Decision to Dismiss the Rana Plaza Class Action

On December 20, 2018, the Ontario Court of Appeal released its decision in the Rana Plaza Class Action (Das v George Weston Limited, 2018 ONCA 1053) affirming the Ontario Superior Court of Justice’s decision to dismiss the...more

3 Business Cases to Follow in the Supreme Court's Spring Term

The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more

5 Business Cases to Watch in the Supreme Court’s Winter Session

With the beginning of the Supreme Court of Canada’s Winter Session on January 8, the Supreme Court of Canada entered a new era following the retirement of former Chief Justice Beverly McLachlin and the appointment of Chief...more

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