Class Action Defence Class Action Defence

Welsh v Ontario: Court cannot unilaterally amend class action settlement

In a previous post, we discussed Justice Perell’s decision in Welsh v Ontario ordering class counsel to make a sizeable charitable donation as...

Climate change litigation arrives in Canada

The ENVironnement JEUnesse lawsuit in Québec and the City of Victoria’s endorsement of a class action lawsuit against oil and gas producers for...

Ontario Court of Appeal applies foreign law, dismisses cross-border class action

On December 21, 2018, the Ontario Court of Appeal released its decision in Das v George Weston Limited (“Das”), a proposed class action...

Defendant access to third-party funding agreements in Canadian class actions

We have written previously about the arrival of third-party funding agreements in class action litigation in Canada. As part of that evolving trend,...

Paradis Honey: Federal Court chooses sides on sticky issue of post-certification discovery

The ambit of post-certification documentary discovery is a contentious issue. Is it limited by the certified common issues, or are the parties’...

AMF not successful in convincing Court of Appeal in a market manipulation case

The Québec Court of Appeal recently rendered a judgment addressing the elements constituting an offence for market manipulation as set forth in...

BC Court of Appeal sets aside certification in Basyal v Mac’s Convenience Stores Inc

We previously wrote about the B.C. Supreme Court’s order in Basyal v Mac’s Convenience Stores Inc., which certified a class action by...

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...

Disclosure of forensic experts’ findings in data breach class action results in waiver of privilege

A recent decision in a data breach class action highlights potential challenges in maintaining privilege over reports prepared by third party...