Mass torts are on the rise in Ontario, thanks to certification challenges, carriage fights and the influence of plaintiffs’ counsel. But not all provinces are experiencing the same trend. In this episode of our podcast,...more
For over 20 years, Canada has been known internationally as a haven for product liability class actions. Due to the low threshold for obtaining class certification, most proposed product-liability class actions in Canada are...more
The Court of Appeal for Ontario (Court) has confirmed the test for granting an extension to opt out of a class proceeding after the court-ordered deadline has elapsed. The Court has also confirmed that such deadline will...more
Dans l’arrêt Grant Thornton LLP c. Nouveau-Brunswick, la Cour suprême du Canada (la « CSC ») a statué à l’unanimité que le délai de prescription commence à courir lorsque les faits à l’origine d’une réclamation sont...more
In Grant Thornton LLP v. New Brunswick, the Supreme Court of Canada (SCC) unanimously held that a claim is discovered – and the limitation period begins to run – when the plaintiff knows, or ought to know, the material facts...more
In Reynolds v. Registrar (Alcohol and Gaming Commission), the Ontario Divisional Court (Court) recently dismissed an application for judicial review of the Registrar of the Alcohol and Gaming Commission of Ontario’s...more
The licencing, sale and use of cannabis (both medically and recreationally) is likely to result in an increased risk of product liability claims on behalf of patients and consumers, including class action risk for the...more
Sales of illegal marijuana have long been subject to tax in Canada (notwithstanding the illegality of the sales), and legal sales of medical marijuana are also currently treated as taxable. From the outset, the federal...more
The extent to which the new law will restrict the advertising and branding of cannabis was, and still is, one of the key unknowns. From industry’s perspective, cannabis should be regulated more like alcohol than tobacco, and...more
Cannabis, similar to any other commodity, is subject to Canada’s customs laws respecting international trade in goods. However, in the case of cannabis, additional rules apply regarding the fact that trade in cannabis is...more
The new legislation will inevitably result in a flurry of discussions between the government and affected stakeholders....more
Bank Act -
The Bank Act gives scheduled banks the right to take security interests in farm assets, crops and other agricultural products in exchange for the extension of credit. When a borrower makes a grant of security...more
The pending legalization of non-medical cannabis raises a host of issues for employers. Upon passage of the new legislation, employers can expect to encounter difficult decisions relating to the appropriateness of drug...more
Canadian Capital Markets -
As changes in the regulatory regime open up significant opportunities in the cannabis sector, industry players will be seeking access to capital to fund growth, and investors will be looking...more
The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. In...more
In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant’s motion for summary judgment in advance of certification,...more
On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate...more