In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more
On July 13, 2023, the Supreme Court of Canada (SCC) denied leave to appeal from three Ontario Court of Appeal (ONCA) decisions declining to apply the tort of intrusion upon seclusion to database defendants—i.e., organizations...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
Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for overtime, vacation time, damages for COVID-19 pandemic terminations, extended healthcare benefits,...more
We previously discussed the Alberta Court of Appeal's decision in Ravvin v Canada Bread Company, Limited, 2020 ABCA 424, which arose out of an alleged packaged bread price-fixing conspiracy. Plaintiffs started class...more
An Ontario Superior Court judge has accepted, in a preliminary decision in Price v Smith & Wesson Corp, 2021 ONSC 1114, that gun manufacturers may have civil liability in Canada for losses caused by mass shootings when...more
Clarity on the Enforcement of Settlements In 3113736 Canada Ltd. v Cozy Corner Bedding Inc., the Ontario Court of Appeal provided an answer about whether a class member is bound by a class action release even if the party did...more
In the wake of COVID-19, which has strained already limited judicial resources, the Alberta Court of Appeal has issued a decision addressing the need for judicial economy and the avoidance of duplicative and overlapping...more
On September 10, 2020, the Supreme Court of Canada rendered judgment in Bent v Platnick, 2020 SCC 23, the first case interpreting the provisions under s. 137.1 of the Courts of Justice Act (CJA)—Ontario's "anti-SLAPP"...more
The pace of new class actions in Canada remains comparatively slower than in the United States. This past week saw additional claims against elder care facilities for their response to the pandemic, and against insurance...more
Cavanaugh v. Grenville Christian College -
A class action with a long and complex history has resulted in the plaintiffs achieving complete success at the common issues trial. The decision in Cavanaugh v Grenville...more
As the novel coronavirus pandemic stretches into May, plaintiffs' lawyers across North America continue to initiate COVID-19 related class actions. While the attention on practices surrounding the economy's shutdown...more
As detailed in last week's round-up, the COVID-19 pandemic has already led to a flurry of class actions in the United States and, to a lesser extent, in Canada. New claims activity has continued over the past week. Most...more
Business customers that agreed to arbitrate disputes cannot “piggyback” their claims onto a consumer class action in court, the Supreme Court of Canada has ruled....more
For the last six years, the Bennett Jones Class Actions Practice Group has published an annual year-in-review: our attempt to recap some highlights in class action litigation over the last year and make some soft predictions...more
On December 20, 2018, the Ontario Court of Appeal released its decision in the Rana Plaza Class Action (Das v George Weston Limited, 2018 ONCA 1053) affirming the Ontario Superior Court of Justice’s decision to dismiss the...more
12/24/2018
/ Appeals ,
Bangladesh ,
Canada ,
Choice-of-Law ,
Claims Limitations Period ,
Class Action ,
Corporate Governance ,
Corporate Social Responsibility ,
Dismissals ,
Duty of Care ,
Manufacturers ,
Negligence ,
Third-Party Service Provider ,
Workplace Injury
The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the...more
1/11/2018
/ Calculation of Damages ,
Canada ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Damages ,
Employment Litigation ,
Environmental Litigation ,
International Litigation ,
Litigation Funding ,
Mass Tort Litigation ,
Settlement Agreements
In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more
2/10/2017
/ Ashley Madison ,
Bitcoin ,
Breach Notification Rule ,
Canada ,
Class Action ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Popular ,
Ransomware ,
Risk Assessment ,
Risk Management ,
Yahoo!
This is a big week for U.S. President-elect Donald Trump. The champagne glasses won’t be dry and put away before Trump’s lawyers will be arguing a series of pre-trial motions in Low v Trump University, a U.S. class action...more
Japan has enacted its first class actions legislation, following an international trend seen in the European Union and some other countries in Asia. The new class actions law (the Act on Special Measures Concerning Civil...more
Class action trials, a rarity in Canada, are now set to proceed in two separate U.S. District Court cases involving U.S. Presidential candidate Donald Trump and “Trump University”. In a decision released this week, Judge...more
Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, as more and more...more
The most talked about class action in Canada of late is not a Canadian class action at all, but rather one commenced in a U.S. District Court in the Southern District of California. Low v. Trump University, already certified...more
On July 27, 2015, the Federal Court conditionally certified a class action with respect to an alleged privacy breach arising from the federal government’s administration of the Marihuana Medical Access Program (the Program)....more
A recent decision of the Divisional Court, in which Bennett Jones and its co-counsel acted for the class, held that whether brokerage fees charged by UPS to customers receiving deliveries in Canada are unsolicited is an...more