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Bennett Jones LLP

Class Actions: Looking Forward 2024

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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

Bennett Jones LLP

Judicial Economy, Access to Justice and Certainty in the Law

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The Supreme Court of Canada’s Denial of Leave to Appeal in the Intrusion Upon Seclusion Trilogy - On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining...more

BCLP

Certification of Collective Actions in the CAT

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To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

Bennett Jones LLP

The Ontario Court of Appeal Confirms the Narrow Confines of the Tort of Intrusion Upon Seclusion

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2022 continued to be positive for institutional clients involved in privacy breach class actions, with the Ontario Court of Appeal refusing to expand the tort of intrusion upon seclusion to impose liability on institutions...more

Bennett Jones LLP

Alberta Court of Appeal Considers Claim of Pure Economic Loss

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The Alberta Court of Appeal recently considered the latest Supreme Court of Canada decision on pure economic loss in a decision involving a proposed class action for damages related to a pipeline spill. In its decision, the...more

Bennett Jones LLP

Leave to the Supreme Court Denied: Latest on Pre-Certification Stays in Multijurisdictional Class Actions

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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

Shutts & Bowen LLP

Unconscionable Arbitration Agreements: The Impacts of Uber Technologies, Inc. v. Heller

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In a recently published ruling, the Supreme Court of Canada analyzed and interpreted the validity of an arbitration agreement signed between Uber Technologies Inc. (“Uber”) and one of its drivers. Uber Technologies, Inc....more

Bennett Jones LLP

Mandatory Arbitration Clauses Are No Longer Presumptively Enforceable

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Last year, we reported on how Canadian courts will uphold mandatory arbitration clauses in some cases, depending on how the plaintiffs are classified....more

Bennett Jones LLP

The Demise of Waiver of Tort as a Cause of Action

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Looking Forward: Class Actions in 2021 - In July 2020, the Supreme Court of Canada released its highly anticipated decision in Atlantic Lottery Corporation Inc. v Babstock—Bennett Jones acted for ALC. The decision put to...more

Bennett Jones LLP

Looking Forward: Class Actions in 2021

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Instability and uncertainty were the two constants in 2020. The COVID-19 pandemic uprooted social norms and challenged businesses. The long range impact of that instability and uncertainty remains to be seen. For different...more

Bennett Jones LLP

Supreme Court Reaffirms Low Bar for Authorizing Class Actions in Québec

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On October 30, 2020, a six-judge majority of the Supreme Court of Canada confirmed, in Asselin v Desjardins Cabinet de services financiers inc, 2020 SCC 30, that a class action concerning allegedly misleading investment...more

Bennett Jones LLP

Major Changes to Ontario’s Class Proceedings Act Come into Force

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On October 1, 2020, recent amendments to Ontario’s Class Proceedings Act, 1992 (CPA), come into force. The amendments were made as part of the Smarter and Stronger Justice Act, 2020, which received Royal Assent in July 2020....more

Dickinson Wright

Atlantic Lottery Corporation Inc. v. Babstock: A Resounding Success at the Supreme Court of Canada for Dickinson Wright LLP

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In a close 5 to 4 decision of the Supreme Court of Canada, Michael D. Lipton, Q.C. and Kevin J. Weber emerged on July 24, 2020 as part of the successful side in the case of Atlantic Lottery Corporation Inc. v. Babstock....more

Faegre Drinker Biddle & Reath LLP

No Damages? No Tort, Says the Supreme Court of Canada

Consider this: What if plaintiffs could assert a cause of action for negligence without proving, or even pleading, any actual damages? And what if the remedy for this damage-free tort claim were disgorgement of profits...more

Blake, Cassels & Graydon LLP

La CSC dit adieu à la renonciation au recours délictuel

Le 24 juillet 2020, la Cour suprême du Canada (la « CSC ») a publié sa décision dans l’affaire Société des loteries de l’Atlantique c. Babstock (« Babstock »). Dans sa première déclaration définitive sur cette question, la...more

Blake, Cassels & Graydon LLP

SCC Waves Goodbye to Waiver of Tort

On July 24, 2020, the Supreme Court of Canada (SCC) released its decision in Atlantic Lottery Corp. Inc. v. Babstock (Babstock). In its first definitive statement on this issue, the SCC held that waiver of tort is not an...more

Smart & Biggar

Supreme Court of Canada rules on Crown copyright

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On Thursday September 26, 2019, the Supreme Court of Canada issued its highly anticipated decision in Keatley Surveying Ltd v Teranet Inc (2019 SCC 43), finding that the Province of Ontario holds copyright in plans of survey...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Clarifies Procedures for Class-Action Certification

On September 20, 2019, the Supreme Court of Canada (SCC) clarified several procedural questions regarding class-action certification in the case of Pioneer v. Godfrey. This ruling, which followed a trilogy of landmark...more

Blake, Cassels & Graydon LLP

Supreme Court Enforces Arbitration Clause and Stays Business Customer Claims in Class Action

On April 4, 2019, a majority of the Supreme Court of Canada (SCC) in TELUS Communications Inc. v. Wellman (Wellman) decided that business customer claims in a class action should be stayed pursuant to arbitration clauses in...more

Bennett Jones LLP

Supreme Court Enforces Arbitration Clauses for Business Customers in Consumer Class Action

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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

Mintz - Securities Litigation Viewpoints

Canadian Court Limits Underwriters’ Liability and Susceptibility to Class Treatment

In LBP Holdings Ltd. v Hycroft Mining Corporation, the Ontario Superior Court of Justice denied the plaintiff’s motion to certify a class action in common law negligence and negligent misrepresentation against the...more

Robinson+Cole Class Actions Insider

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

Blake, Cassels & Graydon LLP

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

Bennett Jones LLP

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

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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

Mintz - Securities Litigation Viewpoints

Away Game: Canadian Supreme Court Allows Superior Court Judges to Determine Settlement Motions Outside of their Home Provinces

Recently, the Supreme Court of Canada had the opportunity to decide a specific issue with potentially large ramifications. In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior...more

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