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Entertainment Law Update Episode 160 – August/September 2023
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
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2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
Fifth Circuit Affirms District Court’s Striking of Class Allegations
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Fashion Counsel: Privacy in the Retail Fashion Industry
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#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
ESG and SEC Enforcement: Securities & Exchange Commission v. Vale S.A and its Corporate Takeaways
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In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement...more
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
For many years, defendants resisted certification of competition class actions primarily by arguing that determining harm to class members defied calculation—or, at least, defied those methods the plaintiffs typically...more
The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion....more
The Supreme Court of British Columbia’s recent December 2023 decision in MacKinnon v Pfizer Canada Inc. (MacKinnon) illustrates that certifying a national class action against product manufacturers based on breaches of...more
In Lilleyman v Bumble Bee Foods LLC, 2024 ONCA 606, the Ontario Court of Appeal affirmed the motion judge’s dismissal of certification for a class action alleging price-fixing of canned tuna. The Court unanimously affirmed...more
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
On June 30, 2021, the Village of Lytton in rural British Columbia was devastated by a wildfire that resulted in personal injury, the destruction of homes and livelihoods, and the tragic loss of life. Various court proceedings...more
It was another active year in securities class actions, with appellate courts demonstrating renewed interest in secondary market misrepresentation claims. In one such decision from February 2024, Drywall Acoustic Lathing and...more
On March 5, 2019, the Superior Court of Québec authorized (i.e., certified) a class action against the operators of various hotel booking websites. The plaintiff alleged that the defendants violated various provisions of...more
Approximately four years have passed since the new amendments to Ontario’s Class Proceedings Act, 1992 came into force. One of the most significant amendments was the addition of subsection 5(1.1) to the preferable procedure...more
What Canadian process is available for mass torts when a class action cannot be certified? That is one question addressed by the Ontario Superior Court of Justice in Carcillo v Canadian Hockey League (Carcillo)....more
In Reddock v Attorney General of Canada, 2024 ONSC 3238, the Ontario Superior Court released a post-common issues trial decision regarding the additional damages, if any, five plaintiffs were entitled to as a result of the...more
In an appellate ruling in Lachaine v. Air Transat AT inc. (Air Transat), the Quebec Court of Appeal (QCA) authorized a class action that claimed a refund from various airlines (Respondents) after airplane tickets and travel...more
Les actions collectives en environnement sont devenues courantes pour réclamer un dédommagement devant les tribunaux en réparation d’un préjudice de nature environnementale. Cette tendance, d’ailleurs, s’accélère, notamment...more
Dans l’affaire Air Transat, la Cour d’appel du Québec (la « CA »), infirmant le jugement de première instance, a autorisé une action collective intentée contre des compagnies aériennes à la suite de l’annulation de vols et de...more
Environmental class actions have become common for addressing environmental damages and seeking compensation through the courts. This trend is growing, particularly with respect to climate change and chemicals in products,...more
The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions to "reflect procedural changes in the provinces" and, in particular, the...more
Le 30 avril 2024, la Cour d’appel de la Colombie-Britannique a confirmé, dans l’arrêt MM Fund v. Excelsior Mining Corp., que seuls les résidents de la province peuvent entreprendre des actions collectives en vertu de la loi...more
In Shirodkar v Coinbase Global, Inc. et al., 2024 ONSC 1399 (“Coinbase”), the Ontario Superior Court of Justice (the “Court”) stayed a proposed class action against one of the four proposed defendants – Coinbase Canada Inc. –...more
On April 30, 2024, the British Columbia Court of Appeal confirmed in MM Fund v. Excelsior Mining Corp. that only residents of B.C. may commence class actions under the provincial Class Proceedings Act (CPA), with the effect...more
Le 27 mars 2024, la Cour d’appel de l’Ontario (la « CAO ») a confirmé, dans le cadre de l’affaire Palmer v. Teva Canada Ltd. (l’« affaire Palmer »), que le droit canadien ne prévoit pas de réparation pour un risque accru de...more
In the recent decision of Electronic Arts Inc. v Bourgeois, 2024 QCCA 284 (Bourgeois), the Québec Court of Appeal provided direction concerning when and how defendants can appropriately challenge the scope of a proposed class...more
On March 27, 2024, the Ontario Court of Appeal (Court) affirmed in Palmer v. Teva Canada Ltd. (Palmer) that Canadian law does not provide remedies for an increased risk of harm. This ruling is in line with other recent...more
In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more