Category: Class Actions

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…

Real Estate Developers Not Responsible for Market Declines, B.C. Court Rules

September 20, 2016

Remember when Vancouver real estate went down? In the late 1990s, the value of 89 units in Vancouver’s Westin Grand Hotel collectively decreased in value from C$18-million to C$10-million in two and a half years. Investors in the units then discovered that the developers’ disclosure statement had materially misrepresented occupancy projections, and brought a class action against the developers. Yet,…

Access Denied: Primary Market Liability Regime Not Available to Secondary Market Security Holders

August 31, 2016

In its recent decision in Rooney v. ArcelorMittal S.A. (Rooney), the Court of Appeal for Ontario (Court) held that primary market investors have the option of suing both the offeror and its directors and signatories for misrepresentations in a circular pursuant to section 131(1) (within Part XXIII) of the Ontario Securities Act (Act). However, secondary market investors must bring their…

Honest Weight: Court of Appeal Affirms Threshold for Leave in Secondary Market Securities Class Action

August 29, 2016

In its recent decision in Mask v. Silvercorp Metals Inc. (Mask), the Court of Appeal for Ontario (Court) dismissed an appeal of the denial of leave and certification to a proposed statutory secondary market securities class action under Part XXIII.1 of the Ontario Securities Act (Act). In so doing, the Court affirmed that it must engage in some weighing of…

Please Hang Up: Court Dismisses Certified Prepaid Wireless Services Class Action Contract, Gift Card Regulation Claims

April 18, 2016

In Sankar v. Bell Mobility Inc., the Ontario Court of Appeal (Court) granted summary judgment dismissing a certified class action against Bell Mobility Inc. (Bell) related to prepaid wireless services credits. The Court found the plain meaning of the interrelated documents that formed each customer’s prepaid phone contract with Bell was that unused prepaid funds expired at the end of…