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The Ontario Court of Appeal Clarified When Class Actions Should Be Dismissed for Delay

Many class actions take several years to litigate. Some may take even longer, because they sit idle for months or—in some cases—decades. In late 2024 and in early 2025, the Ontario Court of Appeal issued two decisions...more

Divisional Court Clarifies Judicial Review Notice Requirements and May Make ODACC Determinations Publicly Available

The Divisional Court’s recent decision in Gay Co. Ltd. v Sayers Foods Ltd., 2024 ONSC 6123 addressed two noteworthy issues for stakeholders in the Ontario construction industry, particularly industry participants who use the...more

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

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

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

Ontario's Dismissal for Delay Regime the Year in Review

Early 2022 decisions interpreting Ontario’s new mandatory dismissal for delay regime were glad tidings for defendants, suggesting the regime would be strictly applied. However, over the course of 2022, the pendulum swung in...more

Class Actions: Looking Forward 2023

We begin with an update on a trilogy of privacy class actions appeals in which plaintiffs sought, unsuccessfully, to expand the tort of intrusion upon seclusion. Next, we canvass the various approaches of Ontario courts...more

The Ontario Court of Appeal Upholds the Use of “Powerful” Epidemiological Data to Infer Causation in the Absence of Scientific...

The Court of Appeal for Ontario in Levac v James, 2023 ONCA 73 [Levac] has unanimously upheld a trial judgment in a common issues trial regarding an infectious disease outbreak in respect of which the allegedly negligent...more

Dismissal for Delay under Ontario’s Class Proceedings Act, 1992: Lamarche v Pacific Telescope Corp

In January 2022, Justice Belobaba (one of four judges on the Toronto Class Actions List) dismissed an action for delay under section 29.1 of Ontario’s Class Proceedings Act, 1992. Justice Belobaba’s decision in Bourque v...more

FATF’s Take on Digital Assets: Updated Guidance and Recommendations

The rise of cryptocurrency and other virtual assets has pushed regulatory and supervisory bodies responsible for anti-money-laundering rules around the world to develop new guidance and regulations for persons and businesses...more

Dismissal for Delay Under the Ontario Class Proceedings Act: The First Application of a New Rule

On October 1, 2020, significant amendments to Ontario’s Class Proceedings Act, 1992, came into force, implementing major changes to the test for certification, appeal routes, carriage motions, and settlement approval....more

2021 ISS and Glass Lewis Updates to Canadian Proxy Voting Guidelines

Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) have both released updates to their respective Canadian proxy voting guidelines for the 2021 proxy season. The ISS updates apply to shareholder...more

Ontario Superior Court Narrows Foreign Exchange Class Action

The Ontario Superior Court's recent decision granting certification in a foreign exchange price-fixing class action (Mancinelli v. Royal Bank of Canada, 2020 ONSC 1646) reminds counsel and stakeholders of: (a) the relatively...more

Navigating Uncertainty: Restructuring and Insolvency in the Cannabis Sector

As the cannabis industry has matured, investor enthusiasm has been tempered by financial results that have fallen short of projected figures. The industry continues to face retail regulatory hurdles, particularly in Ontario....more

Proposed Amendments to Ontario's Construction Lien Act

On May 31, 2017, Bill 142—An Act to amend the Construction Lien Act (the “Act”) — was carried through a first reading by the Ontario Legislative Assembly. If passed, the proposed amendments to the Construction Lien Act would...more

The Supreme Court of Canada Clarifies the Personal Liability of Directors in Oppression Cases

In Wilson v. Alharayeri, 2017 SCC 39 [Alharayeri], the Supreme Court of Canada in a unanimous decision provides significant guidance as to when directors ought to be held personally liable for oppressive conduct under the...more

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