Category: Class Actions

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Takeoff Denied Again: B.C. Court of Appeal Affirms Denial of Airline Fuel Surcharge Class Action

September 21, 2017

On September 12, 2017, the British Columbia Court of Appeal (Court) affirmed the refusal to certify a class proceeding against various airlines regarding the description of fuel surcharges in Simsek v. United Airlines, Inc. (also referred to as Unlu v. Air Canada) (Unlu). The plaintiffs alleged that the airlines improperly characterized fuel surcharges as “taxes” or “taxes and fees” on…

B.C. Court of Appeal Decision a Setback for Class Action Defendants

August 28, 2017

On August 18, 2017, the British Columbia Court of Appeal (Court of Appeal) released a significant decision relating to certification matters for class actions that could have wide-ranging effects on competition class actions commenced in B.C. and elsewhere. Godfrey v. Sony Corporation (Godfrey) involved an appeal from a B.C. Supreme Court decision allowing certification of a class action on behalf…

Who Is My Neighbour? Ontario Court Rejects a Duty of Care to Employees of Foreign Suppliers

July 24, 2017

The Ontario Superior Court of Justice recently dismissed a proposed class action arising out of the collapse of a manufacturing facility in Bangladesh. On July 5, 2017, in Das v. George Weston Limited (Das), the court found that under either Bangladesh or Ontario law, putative class members had no legally viable claims against the defendants. The decision raises several local…

Supreme Court of Canada Allows British Columbians to Pursue Privacy Class Action Against Facebook

June 29, 2017

On June 23, 2017, in Douez v. Facebook Inc. (Douez), the Supreme Court of Canada considered the enforceability of forum selection clauses involving consumers and privacy rights. The application judge had declined to enforce a forum selection clause and granted class certification in an action alleging breaches of B.C.’s Privacy Act for unauthorized use of individuals’ names and likenesses. The…

Year in Review: Some Positive Developments for Pharmaceutical Class Actions in Canada

April 10, 2017

The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. This article discusses key pharmaceutical class actions from 2016. 

B.C. Court of Appeal Denies Class Certification of Environmental Nuisance Claim

February 21, 2017

On February 15, 2017, the B.C. Court of Appeal issued its decision in Baker v. Rendle (Baker) denying class action certification in a case about nuisance claims against industrial operations. Baker lends further weight to the view that private claims by landowners for environmental nuisance are ill suited for resolution by class action. BACKGROUND The defendants obtained a composting facility…

Ahead of the Class: Important Updates and Developments in Class Actions

February 7, 2017

This seminar discusses the latest trends in class actions and jurisprudence in Canada. This interactive discussion will span a cross-section of recent developments and hot-button topics in areas such as: Cybersecurity and privacy Multijurisdictional issues Post-certification strategies Mandatory Continuing Education The Plenary Session contains 20 minutes of Professionalism content and 40 minutes of Substantive content. This organization has been approved as…

Ontario Court Decision Highlights Summary Judgment as Potential Tool in Class Proceedings

December 5, 2016

In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant’s motion for summary judgment in advance of certification, concluding that there was no genuine issue requiring a trial because there was insufficient evidence of general causation. The decision highlights the potential for defendants to use…

Immediate Relief: Application for Certification of B.C. Cold-Fx Class Action Dismissed

November 22, 2016

The British Columbia Supreme Court recently dismissed an application for certification of a class action regarding the cold and flu product Cold-Fx in Harrison v. Afexa Life Sciences Inc. (Harrison). The plaintiff alleged that Cold-Fx was falsely marketed as providing “immediate relief” from cold and flu symptoms. Justice Dillon dismissed the application, finding, among other things, that there was no…

On the Road: SCC Allows Class Action Judges to Hold Extraprovincial Hearings in Certain Circumstances

October 24, 2016

On October 20, 2016, the Supreme Court of Canada (SCC) ruled that a provincial superior court judge may sit outside his or her home province to hear motions without live evidence in national class actions proceedings in certain circumstances. In Endean v. British Columbia (Endean), the SCC also indicated that superior court judges must consider a variety of factors in…

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