Class Action Defence Class Action Defence

Defendants awarded costs in successfully resisting motion to join

In its recent decision in Mancinelli v Royal Bank of Canada,  2018 ONSC 797, the Ontario Superior Court of Justice awarded costs on a partial...

Arbitration agreement prevails: Ontario court stays Uber driver’s proposed class action for employment benefits

When an arbitration agreement and a putative class action collide, the general rule is that the arbitration agreement will prevail. In Heller v...

Superior Court of Quebec invalidates service of class action against foreign company

On November 23, 2017, in the matter of Bountounis, the Superior Court of Quebec reversed the clerk’s decision granting an application for...

Québec Court of Appeal harmonizes Canadian law by prohibiting pre-leave discovery in securities class actions

A Québec Court of Appeal decision in Amaya inc. c. Derome harmonizes the law across Canadian provinces with regard to the prohibition against...

Ontario court finds Ontario law applies to purchases over foreign stock exchange

In Paniccia v. MDC Partners Inc., 2017 ONSC 7298, the Ontario Superior Court of Justice determined that Ontario was the most appropriate forum in...

Tough sledding in seeking costs on discontinuance in the Federal Court

With its decision in Dennis v Canada, 2017 FC 1011, the Federal Court has reaffirmed the “no costs” approach for plaintiffs who...

Livent decision and the scope of auditor liability

In a significant decision on December 20, 2017, the Supreme Court of Canada provided important guidance on the scope of responsibility of auditors in...

Court says no jurisdiction over foreign bank and awards $1 million in costs in “entrepreneurial” securities class action

In Yip v. HSBC Holdings plc, the Ontario Superior Court of Justice held that it lacked jurisdiction over HSBC – a foreign issuer that...

Ontario Court of Appeal signals partial summary judgment may become a rarity in Ontario

The Ontario Court of Appeal recently released a decision cautioning that partial summary judgment may become a rarity in Ontario, which confirms that...