News & Analysis as of

Canada Class Action

U.S. Marketers:  Get Ready for Canada Anti-Spam Law (CASL) Lawsuits

by Klein Moynihan Turco LLP on

What is CASL? - CASL was passed into law on December 15, 2010, over the vigorous objection of marketers and business owners, and became effective on July 1, 2014. CASL can best be understood as a two-headed monster,...more

No Charges by ISP for Performing its Duties Under the Notice and Notice Regime

by Bennett Jones LLP on

Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime. In Voltage Pictures,...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

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

4 Business Cases to Follow in the Supreme Court’s Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 18. This term has a lot of interesting criminal cases, but only a few that may be interesting to the business community...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Looking Forward: Canadian Class Actions in 2017

by Bennett Jones LLP on

As we start 2017, uncertainty abounds. Donald J. Trump’s ascension to the Presidency and populist movements in Europe and Britain are set to upend global norms and challenge the status quo. Serious questions are being raised...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

NERA issued a report this week on Canadian class actions. Although the number of those actions filed last year increased compared to the year before, over the last several years the number of securities class actions filed in...more

The Filing of Canadian Securities Class Actions Increased in 2016

by Dorsey & Whitney LLP on

The filing of securities class actions increased significantly last year in the U.S. In Canada the number of such actions filed also increased last year. Over the last two years in Canada however, the number of securities...more

Appeal Court Revives Class Action against the WSIB

by Dentons on

The Ontario Court of Appeal has revived a proposed class action brought by the appellant, Pietro Castrillo, on behalf of a class of injured workers whom he alleges have been wrongfully denied the full extent of benefits to...more

B.C. Court of Appeal Denies Class Certification of Environmental Nuisance Claim

On February 15, 2017, the B.C. Court of Appeal issued its decision in Baker v. Rendle (Baker) denying class action certification in a case about nuisance claims against industrial operations. Baker lends further weight to the...more

Advancing Human Rights Claims Based on Global Supply Chain Activities: Recent Developments in California and Canada

by Littler on

Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains.  The plaintiffs’ approach is to make companies more accountable to “soft law” norms like the UN...more

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

by Bennett Jones LLP on

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more

Defence & Indemnity - December 2016: II. LIABILITY ISSUES

by Field Law on

New privacy torts of intrusion upon seclusion and public disclosure of private facts were supported in Canada. R. v. John Doe, 2016 FCA 191, per Ryer J.A, Boivin J.A. and De Montigny J.A....more

Canadian IP law and practice in 2016: reviewing the highlights

by Smart & Biggar on

As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

Global Warming: Court of Appeal Shows Openness to Global Classes

by Bennett Jones LLP on

Class Action Case Update: The Ontario Court of Appeal's recent decision in Excalibur Special Opportunities LP v Schwartz Levitsky Feldman, 2016 ONCA 916 addresses when to assume jurisdiction in a global class action. ...more

Away Game: Canadian Supreme Court Allows Superior Court Judges to Determine Settlement Motions Outside of their Home Provinces

Recently, the Supreme Court of Canada had the opportunity to decide a specific issue with potentially large ramifications. In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior...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

Pharmaceutical Product Liability Class Action Filed Relating to Olmetec Drug

by Bennett Jones LLP on

Earlier this month a proposed class action was filed in Montreal by the Consumer Law Group alleging that Merck, Shering-Plough and Daiichi Sankyo (the Defendants) provided inadequate warnings about the drugs Olmetec and...more

Immediate Relief: Application for Certification of B.C. Cold-Fx Class Action Dismissed

The British Columbia Supreme Court recently dismissed an application for certification of a class action regarding the cold and flu product Cold-Fx in Harrison v. Afexa Life Sciences Inc. (Harrison). The plaintiff alleged...more

Overtime Class Actions Gaining Traction in Canada: Is the Oil Patch Next?

by Bennett Jones LLP on

On October 12, 2016, a former GoodLife personal trainer filed a class action lawsuit for $60 million in damages under Ontario's Class Proceeding Acts, 1992. The proposed class members include current and former non-managerial...more

Trump University Class Action Roaring Towards Trial

by Bennett Jones LLP on

This is a big week for U.S. President-elect Donald Trump. The champagne glasses won’t be dry and put away before Trump’s lawyers will be arguing a series of pre-trial motions in Low v Trump University, a U.S. class action...more

Court reconsiders the role of “public corrections” in securities class actions

by Dentons on

Introduction In Drywall Acoustic Lathing and Insulation, Local 675 Pension Fund (Trustees of) v SNC-Lavalin Group Inc.[1] the Ontario Superior Court of Justice examined, in the context of competing motions for summary...more

Court of Appeal Clarifies Scope of Shareholder Misrepresentation Claims in Takeover Bids

by Dentons on

In Rooney v. ArcelorMittal S.A., the Court of Appeal for Ontario considered whether a plaintiff in an action pursuant to section 131(1) of the Securities Act (the “Act”) is required to choose whether to sue the offeror, or to...more

On the Road: SCC Allows Class Action Judges to Hold Extraprovincial Hearings in Certain Circumstances

On October 20, 2016, the Supreme Court of Canada (SCC) ruled that a provincial superior court judge may sit outside his or her home province to hear motions without live evidence in national class actions proceedings in...more

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