Craig Lockwood Craig Lockwood

Risky business: Ontario court provided conditional approval of a novel third-party funding agreement

The Ontario Divisional Court in Houle v. St. Jude Medical Inc. marks yet another development in the emerging law surrounding the role of third party...

Defendants awarded $2.3 million in costs in unsuccessful beer price class action

In 2014, plaintiffs David Hughes and 631992 Ontario Inc. (the Plaintiffs) commenced an ultimately unsuccessful $1.4-billion class action against the...

Ontario Court of Appeal clarifies jurisdictional limits of secondary market claims in Yip v. HSBC Holdings plc

The recent judgment of the Ontario Court of Appeal in Yip v. HSBC Holdings plc provides helpful guidance on the jurisdictional limits of secondary...

Ontario and Alberta face-off in multijurisdictional hockey player class action

Parallel class proceedings – where the same or similar causes of action and allegations are advanced by plaintiffs in support of proposed class...

Tainted duty of care analysis infected listeria class action, Court of Appeal finds

A manufacturer’s breach of its duty to supply products of merchantable quality to consumers does not necessarily entitle third parties within...

Canadian Bar Association focuses on multijurisdictional class actions in revised judicial protocol

At its annual meeting on February 15, the Canadian Bar Association (“CBA”) passed a resolution approving a revised “Canadian...

Wellman v. TELUS: Supreme Court grants leave to appeal

On March 22, 2018, the Supreme Court of Canada granted leave to appeal the Ontario Court of Appeal’s decision in Wellman v. TELUS. The Supreme...

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...

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...

Ontario court refuses to certify negligence class action against underwriters

In its recent decision in LBP Holdings Ltd. v Hycroft Mining Corporation, 2017 ONSC 6342, the Ontario Superior Court of Justice dismissed a motion to...