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Mass Torts vs. Class Actions: A Tale of Two Strategies [Audio]

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

A Surge in Mass Tort Litigation in Canada

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

Court of Appeal for Ontario Confirms Test for Extending Period to Opt Out of Class Proceedings

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

11/1/2022  /  Canada , Class Action , Class Members , Opt-Outs

La Cour suprême du Canada se prononce à l’unanimité sur la prescription et la possibilité de découvrir des dommages

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

Supreme Court of Canada Addresses Limitation Periods and Discoverability in Unanimous Decision

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

Ontario Court Backs AGCO in Disqualification of 11 Cannabis Lottery Applicants

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

Cannabis in Canada - A Changing Legal Landscape: Product Liability

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

Cannabis in Canada - A Changing Legal Landscape: Tax

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

Cannabis in Canada - A Changing Legal Landscape: Marketing & Health Regulatory

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 in Canada - A Changing Legal Landscape: International Trade

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

5/3/2017  /  Canada , CBSA , Exports , Imports , Marijuana

Cannabis in Canada - A Changing Legal Landscape: Government & Public Sector

The new legislation will inevitably result in a flurry of discussions between the government and affected stakeholders....more

5/2/2017  /  Canada , Marijuana , New Legislation

Cannabis in Canada - A Changing Legal Landscape: Financial Services

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

5/2/2017  /  Canada , Lenders , Marijuana , PPSA

Cannabis in Canada - A Changing Legal Landscape: Employment & Labour

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

Cannabis in Canada - A Changing Legal Landscape: Corporate Finance & Capital Markets

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

Year in Review: Some Positive Developments for Pharmaceutical Class Actions in Canada

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

Ontario Court Decision Highlights Summary Judgment as Potential Tool in Class Proceedings

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

A Railway Is Not a Mine: Ontario Court of Appeal Rules on Surface Rights in Unpatented Mining Claims

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

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