Class Action Defence Class Action Defence

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...

The limits of class actions: Systemic negligence claim is unmanageable

Promoting access to justice is one of the primary objectives of class actions. However, sometimes a class action sacrifices justice and would deny...

Specific consumer issues when doing business in Québec

The Québec Consumer Protection Act (CPA) presents many unique issues for businesses with Québec consumers. Here are the key tips and trends to...

Consumer data: Lessons learned from the security incident trenches

All businesses that collect and maintain consumer data are facing a rapidly evolving and sophisticated array of security threats to their data...

Consumer class actions: The polyurethane foam settlement

In consumer class action settlements, it is quite common for the defendant to pay a fixed amount to a settlement fund, and the class plaintiffs to...

To ban or not to ban waivers of a consumer’s right to participate in a class action? U.S. Senate vote underscores policy divide

Last week, the U.S. Senate voted to overturn a recently released Consumer Financial Protection Bureau (“CFPB”) rule that would have...