Adam Walji on Canada

Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more

5/30/2025 / Antitrust Litigation , Antitrust Violations , Appeals , Canada , Class Action , Competition , Regulatory Reform , Securities Litigation , Securities Regulation , Supreme Court of Canada

BC Court of Appeal Confirms that the Duty of Honest Performance Does Not Extend to Pre-Contractual Dishonesty

In Ocean Pacific Hotels Ltd. v Lee, 2025 BCCA 57, the Court of Appeal for British Columbia confirmed that the duty of honest performance in contract does not extend to pre-contractual negotiations....more

4/9/2025 / Breach of Contract , Canada , Employee Benefits , Employee Rights , Employment Contract , Employment Litigation , Human Resources Professionals

An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards...more

4/8/2025 / Appeals , Canada , Contract Terms , Employee Rights , Employment Contract , Employment Litigation , Enforceability , Labor Regulations , Ontario , Termination

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

1/20/2025 / Appellate Courts , Canada , Class Action , Class Certification , Dismissals , Litigation Strategies , Motion to Dismiss

Ontario Court of Appeal Changes the Test Under Rule 24.01—The Passage of Time is Prejudicial

In Barbiero v Pollack, 2024 ONCA 904 (Barbiero) the Court of Appeal for Ontario upheld the motion judge’s dismissal of a class proceeding for delay under Rule 24.01 of the Rules of Civil Procedure. The plaintiff had not set...more

1/6/2025 / Appeals , Canada , Delays , Dismissals , Prejudice , Rules of Civil Procedure

Ontario Court of Appeal Orders Rehearing of Environmental Charter Challenge

In Mathur v Ontario, 2024 ONCA 762, the Court of Appeal for Ontario held that Ontario’s Cap and Trade Cancellation Act (CTCA) was a voluntary assumption by the provincial government to combat climate change and, thus,...more

12/5/2024 / Canada , Carbon Emissions , Climate Change , Corporate Governance , Corporate Social Responsibility , Greenhouse Gas Emissions , Proposed Legislation , Sustainability

Ontario Court of Appeal Endorses Objective Standard for Determining Arbitrator Disclosure and Disqualification

In Aroma Franchise Company, Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Court of Appeal for Ontario confirmed that arbitrator disclosures and arbitrator disqualification under Article 12(1) of the UNCITRAL Model...more

11/26/2024 / Arbitration , Arbitration Agreements , Canada , Commercial Arbitration , Commercial Arbitration Act , International Arbitration

B.C. Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the plaintiffs alleged that Mentor's silicone gel-filled breast implants, MemoryGel, caused adverse health effects, including connective tissue disorders (CTDs) and autoimmune...more

11/21/2024 / British Columbia Supreme Court , Canada , Class Action , Food and Drug Administration (FDA) , Life Sciences , Medical Devices , Medical Malpractice

Ontario Superior Court Refuses to Dismiss for Delay, Taking Functional and Contextual Approach to Section 29.1 of the Class...

In McRae-Yu v Profitly Incorporated et. al., 2024 ONSC 5615 (McRae-Yu) the Ontario Superior Court of Justice refused to dismiss a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992. McRae-Yu...more

10/28/2024 / Canada , Class Action , Delays , Dismissals , Filing Requirements , Law Firm Associates , Law Firm Partners , Ontario , Young Lawyers

Ontario's Court of Appeal Clarifies Limitation Period for Equitable Trust Claims Against Estates

In its recent decision in Ingram v Kulynych Estate, the Court of Appeal for Ontario clarified the timeline for bringing equitable trust claims against estates, concluding that such claims are subject to the two-year...more

9/26/2024 / Beneficiaries , Canada , Estate Claims , Estate Planning , Fiduciary , Trust Administration , Trust Distributions , Trustees , Trusts , Wealth Management

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the...more

8/9/2024 / British Columbia Securities Commission , Canada , Disgorgement , Insolvency , Securities , Securities Litigation , Supreme Court of Canada

Adam Walji

Bennett Jones LLP

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