Craig Lockwood Craig Lockwood

A new chapter for novel claims in class proceedings

Last year, the Supreme Court of Canada signalled an important shift in how courts should approach motions to strike pleadings based on novel causes...

Ontario and Québec courts hold joint hearing in multijurisdiction class actions

In Brazeau v Canada (Attorney General), the Ontario and Québec courts heard identical motions for a distribution protocol and individual issues...

1688782 Ontario Inc. v. Maple Leaf Foods Inc.: Implications for Product Liability and Franchise Law

On November 5, 2020, the Supreme Court released its long-anticipated decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc.

Understanding Fraser v Canada. Impacts and Risks for Pension Administrators and Employers Across Canada

The recent Supreme Court of Canada ruling in Fraser v Canada that the design of the RCMP pension plan discriminated against women who were enrolled...

New dimensions of preferable procedure: “jurisdictional preferability” and multijurisdictional class proceedings

In order to be certified, a proposed class proceeding must be deemed the “preferable procedure” for resolving the plaintiff’s...

COVID-19 class actions: Cautionary reminders from south of the border

Canadian companies have faced an unprecedented last few months in the wake of the COVID-19 pandemic and the subsequent measures to contain its...

Capital markets regulator embracing renewal in the shadow of “unprecedented change”

Canada’s largest provincial capital markets regulator, the Ontario Securities Commission (the “OSC”),  while offering needed...

Ontario Appeal Court addresses the definition of a “security”: if it looks, walks and quacks like a duck, it MAY be a duck

In a decision released March 16, 2020 that may have implications for the regulatory treatment of certain financial instruments in...

Ontario court decertifies class action because representative plaintiff’s post-certification conduct showed he was unsuitable

Can a class action continue if the only available representative plaintiff is not suitable for the role? In Azar v. Strada Crush Limited, Justice...