Class Action Defence Class Action Defence

AMF not successful in convincing Court of Appeal in a market manipulation case

The Québec Court of Appeal recently rendered a judgment addressing the elements constituting an offence for market manipulation as set forth in...

BC Court of Appeal sets aside certification in Basyal v Mac’s Convenience Stores Inc

We previously wrote about the B.C. Supreme Court’s order in Basyal v Mac’s Convenience Stores Inc., which certified a class action by...

Ontario Court of Appeal clarifies jurisdictional limits of secondary market claims in Yip v. HSBC Holdings plc

The recent judgment of the Ontario Court of Appeal in Yip v. HSBC Holdings plc provides helpful guidance on the jurisdictional limits of secondary...

Disclosure of forensic experts’ findings in data breach class action results in waiver of privilege

A recent decision in a data breach class action highlights potential challenges in maintaining privilege over reports prepared by third party...

Only the clearest release will stop a class action : Superior Court of Québec authorizes class action by former employees against Air Canada

On May 15, 2018, the Superior Court of Québec rendered judgment in Mc Mullen v. Air Canada, authorizing a class action against the airline by former...

Did the plaintiff fabricate a class action proceeding in Charland v. Hydro-Québec?

Justice Steve J. Reimnitz dismissed the class action in which the plaintiff was claiming from the defendant, Hydro-Québec, the refund of...

Canadian Bar Association focuses on multijurisdictional class actions in revised judicial protocol

At its annual meeting on February 15, the Canadian Bar Association (“CBA”) passed a resolution approving a revised “Canadian...

Changes to Montreal’s class action division shows move toward harmonization with Ontario procedure

Earlier this year, the Superior Court of Quebec Chief Justice Jacques Fournier and Justice Pierre-C. Gagnon announced changes to the class action...

Peace of mind may not be priceless: Québec Court of Appeal authorizes extended warranty class action claiming exploitation of the consumer

On March 22, 2018, the Québec Court of Appeal rendered judgment in the matter of Union des consommateurs c Magasins Best Buy Ltée (the “Best...