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
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
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
2/27/2025
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Construction Contracts ,
Construction Disputes ,
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Judicial Review ,
Jurisdiction ,
Litigation Strategies ,
Ontario ,
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Regulatory Requirements
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
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
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
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
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 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
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
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
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
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
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
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
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
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