News & Analysis as of

Canada Class Action

Developments in Global Securities Litigation

by Dechert LLP on

As securities markets become increasingly interconnected, multi- national public corporations continue to be a part of a significant sea change in the globalization of securities fraud litigation—a change that began with the...more

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in...more

Is Canada Ready for Class Arbitration?

by Dentons on

Many consumer agreements in Canada contain arbitration clauses that require any dispute arising from the consumer transaction to be determined by way of private arbitration. These clauses often also preclude any form of class...more

Security for Costs Decision Allows Significant Recognition and Enforcement Appeal to Proceed

by Bennett Jones LLP on

On October 31, 2017, the Ontario Court of Appeal released the latest decision in a nearly 25-year legal saga being pursued on behalf of approximately 30,000 indigenous Ecuadorian villagers affected by environmental pollution...more

No Statutory Claim? No Certification for Securities Class Action

by Bennett Jones LLP on

Last week, Justice Perell released a securities class action decision (LBP Holdings Ltd. v. Hycroft Mining Corporation, 2017 ONSC 6342 [Hycroft]) refusing to certify a common law claim for negligent misrepresentation against...more

Ontario Court of Appeal Grounds Class Action Jurisdiction Challenges

by Bennett Jones LLP on

Companies in Canada or doing business with Canadians beware. The Ontario Court of Appeal has held that Ontario courts can take jurisdiction in class actions over plaintiffs who are not Canadian, do not live or work here, and...more

Ontario Court Refuses to Approve New Litigation Funding Model for Class Actions

by Bennett Jones LLP on

The Ontario Superior Court of Justice has added to its growing collection of cases that increase court scrutiny over litigation funding and contingency fee arrangements. In Houle v St Jude Medical Inc, 2017 ONSC 5129 [Houle]...more

Corporate Social Responsibility and the Rana Plaza Class Action

by Bennett Jones LLP on

On July 5, 2017, the Ontario Superior Court of Justice released a 129-page decision in the Rana Plaza class action (Das v George Weston Limited, 2017 ONSC 4129), a proposed class action brought in Ontario on behalf of...more

Class Action Stays in Saskatchewan—Should Defence Counsel Just Stay Away?

by Bennett Jones LLP on

In Spicer v Abbott Laboratories Ltd, 2017 SKQB 271 [Spicer], Justice Barrington-Foote declined to stay a class action even though parallel proceedings brought by the same counsel were dismissed in Québec, British Columbia and...more

10 Ways to Reduce Cannabis-Related Litigation Risks

In addition to the regulatory compliance issues that may arise from the production and sale of cannabis, companies operating in this space face many of the traditional legal concerns, including contractual, employment and...more

Takeoff Denied Again: B.C. Court of Appeal Affirms Denial of Airline Fuel Surcharge Class Action

On September 12, 2017, the British Columbia Court of Appeal (Court) affirmed the refusal to certify a class proceeding against various airlines regarding the description of fuel surcharges in Simsek v. United Airlines, Inc....more

One Wrong Turn

by Bennett Jones LLP on

The road to the first class action against the Province of British Columbia - On May 3, 2017, the Honourable Justice Masuhara, of the British Columbia Supreme Court, certified the province’s first environmental class...more

How Low Can the Certification Bar Go in British Columbia?

by Bennett Jones LLP on

British Columbia has been known as a haven for class actions in Canada. The bar for certification was set very low and British Columbia is regarded as being the most plaintiff-friendly province for class actions in Canada. On...more

B.C. Court of Appeal Decision a Setback for Class Action Defendants

On August 18, 2017, the British Columbia Court of Appeal (Court of Appeal) released a significant decision relating to certification matters for class actions that could have wide-ranging effects on competition class actions...more

Certification an Even Lower Bar Against Lawyers

by Bennett Jones LLP on

The decision of the Ontario Court of Appeal in Hodge v Neinstein, 2017 ONCA 494 [Hodge], released on June 15, 2017, was surprising with respect to its treatment of the balance between common and individual issues in a class...more

Highlights From DRI Class Action Seminar 2017 – Day One

I recently had the privilege of serving as vice chair for this year’s Defense Research Institute (DRI) Class Action Seminar. As I’ve done in years past, here are some highlights from the first day’s programming...more

Food & Beverage Litigation Update | July 2017 #2

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more

Who Is My Neighbour? Ontario Court Rejects a Duty of Care to Employees of Foreign Suppliers

The Ontario Superior Court of Justice recently dismissed a proposed class action arising out of the collapse of a manufacturing facility in Bangladesh. On July 5, 2017, in Das v. George Weston Limited (Das), the court found...more

Defeating Proposed Common Issues—Lessons from Pro-Sys

by Bennett Jones LLP on

Kalra v Mercedes Benz Canada, 2017 ONSC 3795, is a recent certification decision of the Ontario Superior Court in which Justice Belobaba certified the proposed emissions standards class action seeking damages for diminution...more

Supreme Court of Canada Allows British Columbians to Pursue Privacy Class Action Against Facebook

On June 23, 2017, in Douez v. Facebook Inc. (Douez), the Supreme Court of Canada considered the enforceability of forum selection clauses involving consumers and privacy rights. The application judge had declined to enforce a...more

No Charges by ISP for Performing its Duties Under the Notice and Notice Regime

by Bennett Jones LLP on

Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime. In Voltage Pictures,...more

Cannabis in Canada - A Changing Legal Landscape: Product Liability

The licencing, sale and use of cannabis (both medically and recreationally) is likely to result in an increased risk of product liability claims on behalf of patients and consumers, including class action risk for the...more

Year in Review: Some Positive Developments for Pharmaceutical Class Actions in Canada

The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. In...more

4 Business Cases to Follow in the Supreme Court’s Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 18. This term has a lot of interesting criminal cases, but only a few that may be interesting to the business community...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

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