Mary Paterson at Osler, Hoskin & Harcourt LLP

Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period

The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have “an unassailable right to speak out in opposition to the...more

5/7/2013 - Canada Class Action Class Certification Opt-Outs

Ontario Courts Cannot Validate Foreign Service of Claims Where the Hague Convention Applies

The Ontario Court of Appeal recently confirmed that foreign states can hinder a plaintiff from serving a foreign defendant if that defendant resides in a country that is a member of the Hague Convention on the Service Abroad...more

4/12/2013 - Canada Foreign Service of Claims Hague Convention Service Proceedings

Franchising in Ontario - April 2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

4/9/2013 - Canada Class Action Defamation Distributors Franchise Agreements Franchises Franchisor's Associates Joint and Several Liability Misrepresentation

Federal Court of Appeal Rules that Class Proceedings under the Competition Act Can Be Stayed on the Basis of an Arbitration Clause

The Federal Court of Appeal recently issued an important ruling in respect of the application of arbitration clauses to private actions and class proceedings involving claims of anti-competitive conduct under the Competition...more

3/6/2013 - Arbitration Class Action Competition Act Jurisdiction

Conflicting Results from Ontario Appellate Courts in Motions to Strike Claims in Proposed Class Actions

Ontario’s appellate courts have released two decisions in the past week addressing the issue of when claims ought to be struck in the context of proposed class proceedings for failing to disclose a cause of action. First, a...more

2/28/2013 - AstraZeneca Class Action Class Certification Motion To Strike Sun Life Assurance Company of Canada

When can Environmental Regulatory Orders be Compromised Claims under the Companies’ Creditors Arrangement Act? Supreme Court of...

Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67 - In its decision released on December 7, 2012, the Supreme Court of Canada held that claims in respect of provincial environmental clean-up orders can be...more

12/12/2012 - Environmental Remediation Costs The Companies' Creditors Arrangement Act

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Mary Paterson

Osler, Hoskin & Harcourt LLP

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