Class Action Defence Class Action Defence

Calling John Doe: Can a class action proceed with an anonymous representative plaintiff?

Can you bring a class action without publicly identifying a representative plaintiff? In the past few years, class action claimants in Canada and the...

Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam...

Privacy class actions, by the numbers

The past five years have seen an increased awareness of the risk of privacy class actions. This time period coincides with the recognition by various...

Ontario Court of Appeal declines to grant retroactive relief in securities class action

In its recent decision in Pennyfeather v. Timminco Limited, the Court of Appeal for Ontario declined to retroactively relieve the plaintiff from the...

Ontario court stick handles around “excessively over-pleaded” class action

A class action will not be certified unless it is a fair, efficient and manageable way to resolve proposed common issues. That principle was recently...

CHAMPIX claims settled for $273 million in U.S., discontinued without costs in Canada

Notwithstanding a large settlement of similar litigation in the United States, the Ontario class proceeding Parker v. Pfizer Canada Inc. was...

Ontario court finds representative proceeding to be time-barred despite being commenced within the limitation period

In Caetano v Quality Meat Packers, 2017 ONSC 1199, Justice Belobaba of the Ontario Superior Court recently had opportunity to consider whether two...

Converting an individual action to a class proceeding

In a recent decision from the British Columbia Supreme Court, the Court considered an issue of first impression in that province; i.e., whether an...

Court Approves US-Style Group Claim for Hate Speech

An Ontario court has found that while a class action for defamation and injury cannot be brought against individuals for promoting hate speech at the...

Preparing for CASL’s private right of action

Learn about the implications of the private right of action provision and how your business can prepare.