October 30, 2019
Cybersecurity litigation in Canada is on the rise. Given that the number of data breaches in Canada has been rising exponentially in recent years, the increase in cybersecurity litigation is unsurprising. However, the increase in the volume of breaches, coupled with privacy legislation changes, has resulted in more reporting to the privacy commissioners, attempted class proceedings, and settlements of actions….
July 24, 2019
As part of our quarterly series on current trends across different industries, our second article for 2019 explores litigation developments in Canada, outlining the impact on business and the potential ramifications of recent court decisions and regulatory changes.
July 17, 2019
On July 17, 2019, the Law Commission of Ontario (LCO) released its long-awaited report, titled Class Actions: Objectives, Experiences and Reforms (Report). The LCO’s class action project, involving a comprehensive review of the Ontario Class Proceedings Act, 1992 (CPA), was initiated in November 2013 with a scoping document setting out a framework for the review and preliminary list of issues…
July 4, 2019
The Court of Queen’s Bench of Alberta illustrated the individualized view Alberta courts take towards the relationship between investors and investment advisors, supervisors and dealer institutions, in its recent decision of Fisher v. Richardson GMP Limited (Fisher). In Fisher, Madam Justice G.A. Campbell denied certification of a class proceeding for two primary reasons: first, for failure to establish an identifiable…
May 21, 2019
In its recent decision in Godin c. Aréna des Canadiens inc. (Decision), the Québec Superior Court (Court) refused to authorize an employment class action against Aréna des Canadiens inc. and Aréna du Rocket inc. (Arenas). The plaintiffs claimed that salaried employees were entitled under Quebec law to overtime pay if they worked more than 40 hours in one week. In…
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,…
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…
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…
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…
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….