Category: Class Actions

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Proposed Privacy Class Action “Collapses in its Entirety” on Commonality

May 8, 2019

On May 7, 2019, in Kaplan v. Casino Rama Services Inc. (Kaplan), the Ontario Superior Court of Justice refused to certify a privacy class action arising out of a criminal cyberattack that included allegations of breach of privacy, breach of contract and negligence. The decision comes on the heels of another recent decision denying certification of a privacy class action,…

Supreme Court Enforces Arbitration Clause and Stays Business Customer Claims in Class Action

April 10, 2019

On April 4, 2019, a majority of the Supreme Court of Canada (SCC) in TELUS Communications Inc. v. Wellman (Wellman) decided that business customer claims in a class action should be stayed pursuant to arbitration clauses in the standard terms and conditions of those customers’ contracts. It further concluded that the Ontario Arbitration Act did not provide courts with jurisdiction…

Class Action Climate in Canada: Recent Developments and Emerging Trends

January 30, 2019

Join leading lawyers from Blakes for an interactive discussion that will span a cross-section of recent developments and hot-button topics such as: Emerging class action risks National and multijurisdictional class actions Cybersecurity and data breaches Employment, competition and securities class actions Settlement structures and considerations Following the seminar, we invite you to join us for cocktails and networking. Mandatory Continuing…

Cy-Près Love: B.C. to Impose Requirements for Charitable Distributions of Funds from Class Proceedings

November 22, 2018

On November 19, 2018, the Government of British Columbia introduced Bill 57, Attorney General Statutes Amendment Act, 2018 (Bill), in the legislative assembly for first reading. If passed, the Bill will amend the Class Proceedings Act to provide direction on how to allocate undistributed funds at the end of a class action. Historically, funds that were not distributed to the…

Lavender Haze Lifts: Court of Appeal Clarifies Auditor’s Duty of Care

September 6, 2018

On September 5, 2018, in Lavender v. Miller Bernstein LLP (Lavender), the Court of Appeal for Ontario (Court of Appeal) overturned a lower court decision that an auditor had a duty of care to its client’s clients. In doing so, the Court of Appeal applied the principles articulated by the Supreme Court of Canada (SCC) in Deloitte & Touche v….

The Man Who Sold (Around) the World: Ontario Not a Default Jurisdiction for Securities Class Actions

August 9, 2018

In its decision in Yip v. HSBC Holdings PLC, the Ontario Court of Appeal clarified the proper interpretation of “responsible issuer” in the context of a statutory claim for secondary market misrepresentation under Part XXIII.1 of the Ontario Securities Act (OSA) and related common law claims, providing guidance to entities faced with class action claims arising from Canadian trading of…

2018 Legal Trends: The Sharing Economy

June 12, 2018

As part of our quarterly series on current trends across different industries, our second article takes a closer look at the sharing economy and how this new economic model impacts suppliers, customers and platform providers in various ways. Here are a few legal trends to watch for as the sharing economy evolves.

New B.C. Legislation Proposes Multi-Jurisdictional Opt-Out Class Actions

April 27, 2018

INTRODUCTION Recently, the Government of British Columbia introduced Bill 21, 2018 Class Proceedings Amendment Act, to amend the Class Proceedings Act, R.S.B.C. 1996 (amended CPA). The bill received third reading on April 26, 2018. The amended CPA will permit national opt-out classes to be certified by the B.C. courts, which is a significant change from the current requirement that non-resident class…

British Columbia Supreme Court Rejects “File, Smile and Certify” Approach to Class Actions

January 23, 2018

The British Columbia Supreme Court (Court) recently dismissed the plaintiff’s application for class certification in Ewert v. Nippon Yusen Kabushiki Kaisha (Ewert), holding that certification is not simply a “file, smile and certify” exercise in which defendants can be forced into onerous and complex class action litigation on a “wing and a prayer”, without meeting the low threshold required. The…

Class Action Climate in Canada: Recent Developments and Growing Trends

December 13, 2017

Class actions across Canada continue to grow in volume and complexity, triggering significant policy and financial implications for businesses in Canada. With the Law Commission of Ontario’s recent announcement that it is reactivating its comprehensive review of class actions in Ontario, we may see important law reform on the horizon to evolve with the changing landscape. Join leading lawyers from…

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