Class Action Defence Class Action Defence

Court of Appeal Confirms Class Action Contract Claims can be Decided on Summary Judgment

On April 4, 2016, the Ontario Court of Appeal granted summary judgment in Sankar v Bell Mobility Inc., dismissing a certified class action against...

Court of Appeal Confirms That A Flexible Approach to Class Certification‎ Serves The Greater Good

On April 6, 2016, the Ontario Court of Appeal released its decision in Good v. Toronto Police Services Board in respect of the certification of a...

Uncertainty of Liability Cap in Securities Act Influences Settlement Approval

The Ontario Superior Court in Donohue v Baja Mining, 2016 ONSC 1569, recently approved a Settlement Agreement for a certified class action which...

Settlement: Second Time’s a Charm?

The case of Fulawka v. The Bank of Nova Scotia – one of the “bank overtime” class actions – has had a long procedural history, and attracted...

Accurately Recording Statements of the Court: A Cautionary Tale

Justice Perell of the Ontario Superior Court was recently given pause in the midst of a certification motion in Davidson v Canada (Attorney General)...

Directors Liabilities – Even After Settlement

The Ontario Superior Court has ruled that claims for professional misconduct can still be brought against directors and officers despite a class...

Non-Arbitrable Claims Appropriate for Class Certification

In the ongoing saga of Seidel v Telus Communications Inc., the BC Supreme Court was asked to certify the few claims that survived the enforceable...

Class Action Law Firm Breaches Carriage Order in Volkswagen Litigation

As anticipated, the multiplicity of class actions commenced in Canada in the Volkswagen Litigation has given rise to carriage wars across the...

Avoiding Settlement Stumbling Blocks: Boilerplate Language Not Sufficient

The latest class action settlement approval in Leslie v Agnico-Eagle Mines warns that courts may be willing to intervene to ensure a more adversarial...

Canada’s Patent Regime Forecloses Civil Actions by Consumers in British Columbia

Canada’s patent laws are a complete code giving consumers no right to independent civil actions. This was the conclusion of the British Columbia...