Category: Litigation & Dispute Resolution

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Alberta Court of Appeal Uses Class Action to Broaden Summary Judgment and Narrow Strict Liability

April 9, 2014

  INTRODUCTION   On March 19, 2014, the Alberta Court of Appeal (Court) released its unanimous decision in Windsor v. Canadian Pacific Railway Ltd. The Court allowed the appeal in part, dismissing a class claim against Canadian Pacific Railway Ltd. (Railway). The Court of Appeal’s decision broadens the availability of summary judgment in Alberta, including with respect to class proceedings, and…

Courts Are Not ‘Rubber Stamps’ for Approving Plans of Arrangement: Ontario Judge

April 9, 2014

  On March 28, 2014, the Ontario Superior Court of Justice issued a decision relevant to the forms of fairness opinion commonly rendered by financial advisers in connection with plan of arrangement transactions, and affirming the substantive adjudicative role a court will play in approving such transactions.     PLAN OF ARRANGEMENT APPROVAL   In Champion Iron Mines Limited (Re), Justice…

Rejection of IP Class Action Settlement May Raise Approval Bar

March 27, 2014

  A recent decision of the Ontario Superior Court of Justice suggests that the standard for approval of class action settlements has been elevated. In Waldman v. Thomson Reuters Canada Limited, Justice Paul Perell rejected a proposed class action settlement, concluding that it was not fair, reasonable, and in the best interests of the class members. Under the Class Proceedings Act, class…

Ontario Court of Appeal Refuses to Take ‘Quantum Leap’ in Expanding Manufacturers’ Tort Liability

March 21, 2014

  INTRODUCTION   On March 13, 2014, the Supreme Court of Canada denied leave to appeal the Ontario Court of Appeal’s (OCA) decision in Arora v. Whirlpool Canada LP. As a result, the OCA’s unanimous decision – refusing to certify a class action and dismissing the case in its entirety – stands as the leading Ontario decision on the liability of manufacturers under…

I Know What You Downloaded Last Summer: Disclosure of Internet User Identity

March 18, 2014

  A recent decision of the Federal Court of Canada has provided further guidance on how the court will attempt to safeguard the privacy rights of Internet users when confronted with a request for disclosure of a user’s contact information.   In Voltage Pictures LLC v. John Doe and Jane Doe, the court grappled with a motion for discovery of a…

OSC Announces New Resolution Options in Enforcement Matters

March 13, 2014

  The Ontario Securities Commission (OSC) has published Staff Notice 15-702 Revised Credit for Cooperation Program (Revised Cooperation Program), which implements four initiatives of staff affecting resolution of enforcement matters.   In particular, the Revised Cooperation Program sets out criteria for no-contest settlement agreements and no-enforcement action agreements, a process for self-reporting to staff, and for greater public disclosure by staff of credit…

Ontario Court Allows Privacy Class Action to Proceed

February 7, 2014

  A recent decision of the Ontario Superior Court of Justice has addressed the scope of the tort of “intrusion upon seclusion” first recognized by the Ontario Court of Appeal in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action involving unauthorized access to health records by hospital employees, the Superior Court declined to dismiss the class proceeding as…

Supreme Court of Canada Clarifies Tort of ‘Causing Loss by Unlawful Means’

February 5, 2014

  Claims based on the tort of unlawful means or unlawful interference with economic relations are common in commercial litigation and certain types of class actions, notably those related to competition law. Plaintiffs have seized upon the legal vagueness of the test for unlawful interference to seek redress for a complaint that does not fall easily into the established claims…

Supreme Court Defines Criteria for Identical Questions of Fact and Law in Class Action Matters under Quebec Law

January 27, 2014

  In the case of Vivendi Canada Inc. v. Dell’ Aniello (Vivendi), the Supreme Court of Canada (SCC) once again addressed the scope of the criteria for the authorization of class actions, in particular the criterion of identical questions of fact and law set out by article 1003(a) of the Code of Civil Procedure (CCP). This follows another important decision on this matter rendered…

Supreme Court of Canada Piqued by Copyright Infringement of “Curiosity”

January 8, 2014

  In Cinar Corporation v. Robinson, the Supreme Court of Canada (SCC) confirmed the test for determining copyright infringement and the factors for assessing compensation for infringement. The SCC effectively strengthened copyright in entertainment properties in Canada after several recent decisions in which the SCC had limited the scope of copyright protection.   BACKGROUND The decision results from four separate but…

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