News & Analysis as of

Negligence Canada

Bennett Jones LLP

Certification Denied in Proposed Negligent Design Class Action Against Gun Manufacturer for Mass Shooting

Bennett Jones LLP on

The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion....more

Stikeman Elliott LLP

Ontario Court Dismisses Failure to Warn and Negligent Manufacture Claims Against Defendants in Leaky Dishwasher Case

Stikeman Elliott LLP on

In Pelton v Maytag, 2024 ONSC 3016 (“Pelton”) the Ontario Superior Court of Justice (the “Court”) ruled that the defendant manufacturers were not liable for failing to warn consumers that the product could fail because of a...more

Blake, Cassels & Graydon LLP

Actions pour négligence : La Cour d’appel de l’Ontario confirme la nécessité de démontrer l’existence d’un préjudice réel

Le 27 mars 2024, la Cour d’appel de l’Ontario (la « CAO ») a confirmé, dans le cadre de l’affaire Palmer v. Teva Canada Ltd. (l’« affaire Palmer »), que le droit canadien ne prévoit pas de réparation pour un risque accru de...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Affirms Need to Establish Actual Harm in Negligence Claims

On March 27, 2024, the Ontario Court of Appeal (Court) affirmed in Palmer v. Teva Canada Ltd. (Palmer) that Canadian law does not provide remedies for an increased risk of harm. This ruling is in line with other recent...more

Stikeman Elliott LLP

Palmer v. Teva Canada Ltd.: Court of Appeal Confirms No Compensation for Risk “In the Air”

Stikeman Elliott LLP on

In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more

Dechert LLP

Dechert Re:Torts - Issue 14

Dechert LLP on

A Prescription for Liability: Michigan Repeals Flagship Drug Immunity Law - Michigan’s recent repeal of immunity provisions under its Product Liability Act has potentially significant implications for pharmaceutical...more

Stikeman Elliott LLP

Ontario Superior Court Considers New Preferable Procedure Test in Banman v. Ontario

Stikeman Elliott LLP on

In Banman v. Ontario (“Banman”), the Ontario Superior Court (the “Court”) considered the new preferable procedure criterion of the certification test under the amended Class Proceedings Act, 1992 (“CPA”) in certifying a...more

Cozen O'Connor

No Action for Theft of Personal Information Without Loss

Cozen O'Connor on

Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v Uber BV. This, and other recent decisions,...more

Blake, Cassels & Graydon LLP

Alberta Court of Appeal Confirms Gatekeeping Role of Class Action Certification Justices

On February 7, 2023, the Alberta Court of Appeal released its decision in Setoguchi v. Uber B.V., 2023 ABCA 45. In its decision, the Court confirmed the importance of the gatekeeping role of justices at class action...more

Stikeman Elliott LLP

Intrusion Upon Seclusion Claims In Privacy Breach Class Actions? Court of Appeal Trilogy Offers Guidance

Stikeman Elliott LLP on

In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more

Stikeman Elliott LLP

Ontario Court of Appeal Removes Confusion: Negligent Security not an “Intrusion Upon Seclusion”

Stikeman Elliott LLP on

The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more

Stikeman Elliott LLP

Extending the Time to Opt Out of a Class Action? Ontario Court of Appeal Provides Guidance on Applicable Test

Stikeman Elliott LLP on

In Johnson v. Ontario, the Ontario Court of Appeal (the “Court”) allowed for the extension of time within which the appellant could opt out of a class action. In doing so, the Court provided welcome appellate guidance on the...more

Bennett Jones LLP

Alberta Court Declines to Extend Limitation Period for Contamination Claim

Bennett Jones LLP on

Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) is not available to extend the limitation period for a party liable for remediation costs to make claims against other alleged...more

Littler

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

Littler on

In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...more

Bennett Jones LLP

An Update on COVID-19 Class Actions in Canada

Bennett Jones LLP on

Nearly 2 years after the launch of more than 30 proposed class actions arising from the COVID-19 pandemic upended the Canadian class action landscape, pandemic-related class actions risk, and ongoing litigation appear to have...more

Bennett Jones LLP

The Expansion and Contraction of Product Liability Causes of Action

Bennett Jones LLP on

Product liability case law in 2021 brought clarity to certain causes of action that often form the basis of product liability claims. In particular, Ontario courts considered new duty of care categories arising within the...more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

Stikeman Elliott LLP on

In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Bennett Jones LLP

Alberta Court of Appeal Considers Claim of Pure Economic Loss

Bennett Jones LLP on

The Alberta Court of Appeal recently considered the latest Supreme Court of Canada decision on pure economic loss in a decision involving a proposed class action for damages related to a pipeline spill. In its decision, the...more

Smart & Biggar

B.C. Supreme Court declines to strike Province’s class action claims to recover healthcare costs and damages related to opioid...

Smart & Biggar on

In August 2018, the Province of British Columbia (Province) commenced a class action on behalf of itself and other provincial and federal governments against approximately 50 pharmaceutical manufacturers, wholesalers, and...more

Rumberger | Kirk

COVID-19 Litigation: What Hotels Have Learned and How to Mitigate Future Exposure

Rumberger | Kirk on

With travelers returning to hotel destinations across the world, threats of COVID-19 contamination continue to expose the hospitality industry to various legal risks. With more than 2,000 COVID-related cases currently on file...more

Stikeman Elliott LLP

Supreme Court Clarifies the Scope of Liability in Negligence for Public Authorities Making “Core Policy Decisions”

Stikeman Elliott LLP on

In Nelson (City) v Marchi, 2021 SCC 41, the Supreme Court of Canada held that public authorities may only be shielded from liability in negligence when making decisions that engage public policy considerations, such as...more

Bennett Jones LLP

Negligence Claims Aimed at Core Government Policy Decisions are Insulated from Liability in Tort, Rules Ontario Court of Appeal

Bennett Jones LLP on

The Ontario Court of Appeal’s decision in Cirillo v Ontario, 2021 ONCA 353, clarifies that sections 11(4) and (5) of the Crown Liability and Proceedings Act (CLPA) do not represent substantive changes to the common law on...more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Bennett Jones LLP

COVID-19 Class Actions Weekly Round-Up - May 2020 #4

Bennett Jones LLP on

The class actions landscape remains active, particularly in the United States, as some businesses re-open and a semblance of some degree of normalcy returns to certain pockets of North America. In the last two weeks, we have...more

Bennett Jones LLP

COVID-19 Class Actions Weekly Round-Up - May 2020 #3

Bennett Jones LLP on

The number of COVID-19 related class proceeding and analogous claims continues to rise, with the number of actions in the United States approaching 300 and claims in Canada nearing 20. There are now claims on both sides of...more

48 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide