News & Analysis as of

An Update on "Overtime" Class Actions

Since 2012, “overtime” class actions have been successfully certified in Ontario but were limited to certain areas. Recent additional certification success suggests we are likely to see more such claims. At a basic...more

Stolen Customer Data Results in Ontario's First Certified Privacy Class Action

Businesses that collect personal information have an added incentive to monitor employees handling customer data – Ontario's first class action arising from the new tort of "intrusion upon seclusion" was certified last week....more

Court of Appeal Upholds Dismissal of Class Action in Mandeville v Manulife

In the most recent class action decision released by the Ontario Court of Appeal, Mandeville v The Manufacturers Life Insurance Company, 2014 ONCA 417, Justice Gillese, writing for a unanimous Court, upheld the trial decision...more

Open Bidding for Cy-Près Awards?

It has been suggested by some that Justice Perell’s recent decision in Carom v. Bre-X Minerals Ltd., 2014 ONSC 2507 (“Bre-X”), opens the floodgates to a competitive bidding process for cy-près awards before the Court, an...more

Concerns over the effectiveness of safeguards designed to prevent evidence from one proceeding being used against the witness in...

The concerns about the effectiveness of protective orders raised in Catalyst Fund General Partner I Inc. v Hollinger Inc., [2005] OJ No 2191 (SCJ), aff’d [2005] OJ No 4666 (CA) were also central to a recent decision of...more

Get That Thing Out of My Face(book)! – Canadian Woman Brings Class Action Against Facebook in Ontario for Private Message Scanning

How private is private? This is the question at the heart of a putative class action recently brought against Facebook in Toronto. Plaintiff Lavinia Latham claims, on behalf of herself and up to 18-million similarly situated...more

Canadian Court Certifies Visa/Mastercard Class Action

In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first...more

Changing Cost Trends In Class Actions

In 2013, Justice Belobaba released five decisions that addressed legal principles relating to awards of costs on class action certification motions. These cases sent a clear message to the class action bar: “[a]ccess to...more

The Supreme Court Holds that Preferability May Hinge on Substantive Access to Justice

In AIC Limited v. Fisher, 2013 SCC 69, the Supreme Court of Canada ruled on what makes a class action a preferable procedure under s.5(1)(d) of the Class Proceedings Act, 1992. The Supreme Court’s decision on this point came...more

Class Action Proceeds Against MOL For “Negligent Inspection”

In a case that will be closely watched, an Ontario judge has permitted a class action lawsuit against the Ministry of Labour for “negligent inspection” of a workplace....more

Looking Forward - Canadian Class Actions in 2014

The last few years have been very active years for class actions in Ontario. Bennett Jones continues to have an active and expanding class actions practice....more

Common Employers in Class Actions

In mid-December, Justice Paul Perell released an interesting decision involving wage claims made by post-doctoral fellows at Sunnybrook Hospital (Pasian v Academic Clinicians’ Management Services, 2013 ONSC 7787)....more

Quantifying Discretion in Costs and Fee Approvals

When a class action settles, a motion is brought to approve the settlement. Where plaintiffs' counsel requests payment, the counsel fee must be approved by the court. Similarly, where a certification motion is heard and...more

Green v. CIBC: Court Of Appeal Revisits Limitation Period For Secondary Market Securities Class Actions And Limits Common Law...

Overview - The Court of Appeal for Ontario’s recent decision in Green v. Canadian Imperial Bank of Commerce(“Green”) is significant in two respects. First, the Court clarified the limitation period applicable to...more

Court of Appeal Addresses Outstanding Issues in Securities Class Actions - Green v Canadian Imperial Bank of Commerce

Ontario's statutory regime for secondary market liability came into effect in 2006 as a result of amendments to the Securities Act (Ontario) (the OSA), creating a statutory cause of action for deficient market disclosure....more

The Rise of Employment Class Actions?

As we discussed in an earlier blog post, a class action alleging BMO Nesbitt Burns failed to pay overtime to its current and former investment advisors was certified in August 2013. Rosen is the first certified class action...more

Ontario Court of Appeal Addresses Important Questions for Securities Class Action Claims, Overrules Its Prior Decision Enforcing...

In Green v. CIBC, released on February 3, 2014, a specially convened five-judge panel of the Court of Appeal for Ontario addressed important issues for securities class actions across Canada....more

2014 Litigation Report: Managing Risk

In This Issue: Introduction; Food and Beverage Products: Managing Mounting Litigation Risk in the Food and Beverage Industry; Procurement Pitfalls: Best Practices to Manage Risk; Securities and Consumer Class Actions:...more

Supreme Court of Canada Clarifies “Success for One Means Success for All”

On January 16, the Supreme Court of Canada released its first decision of 2014. The decision in Vivendi Canada Inc. v Dell’Aniello addressed a Québec action that sought to be authorized as a class action. Justices LeBel and...more

New Mass Termination Claim Certified in Ontario

On January 2, 2014, Justice Perell certified a class action alleging that, among other things, a group of over 500 putative class members had been wrongfully dismissed by their former (now insolvent ) employer. Justice...more

To Costs or Not To Costs – Is That the Question?

The Law Commission of Ontario has now released the scope of its review of Class Actions, and, as expected, this review will entail an examination of the costs regime in Ontario. Currently, costs in class proceedings follow...more

Back to Work? Let’s Start With A Look Back at 2013

As we returned to the office this week, we thought what better way to adjust to re-entry than by taking stock of what happened in the last year. The year 2013 was an important year for class actions with a number of important...more

Class Action Regarding Whirlpool Washing Machines Dismissed but Possibility for Future Claims for Economic Loss for “Shoddy”...

In Arora v. Whirlpool Canada LP, 2013 ONCA 657, the Ontario Court of Appeal upheld Justice Perell’s decision to deny certification for a proposed class action alleging pure economic loss. (Justice Perell’s decision is...more

Supreme Court of Canada Modifies Preferability Inquiry in Class Proceedings

In a decision that will affect class proceedings throughout Canada, the Supreme Court of Canada today set out a new approach for the certification of class actions. Specifically, the Supreme Court changed the analysis used to...more

Regulatory Proceedings and Class Actions: The Supreme Court of Canada Speaks on Preferable Procedure

On December 12, 2013, the Supreme Court of Canada (SCC) released its fourth major class action decision in two months: AIC Limited et al v Dennis Fischer et al (Fischer). This case concerns whether a class action is the...more

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