Category: Class Actions

Recent Decision Clarifies Availability of Defences at the Leave Stage in Statutory Securities Class Actions

December 10, 2015

The Ontario Superior Court of Justice’s (Court) recent decision in Rahimi v. SouthGobi Resources (Rahimi) confirms that courts will consider and evaluate defences at the leave stage of a statutory secondary market disclosure proceeding under Part XXIII.1 of the Ontario Securities Act (OSA). The decision also illustrates how a court’s assessment of these defences may differ as between an issuer…

De Minimis Rule is Back in the Context of Class Actions

November 25, 2015

De minimis non curat praetor — this ancient legal maxim suggests that judges should not have to hear trivial cases. The maxim seems to have lost most of its significance in the context of class actions. In several instances, class actions have been filed to claim damages for minor and transient inconveniences, under various heads of damages, such as “psychological…

Enough Is Enough: Court Suspends Class Action for Vexatious Conduct by Petitioner, Counsel

November 10, 2015

In September 2015, the Superior Court of Québec (Court) released a landmark decision rendered by Justice C. Masse in Deraspe v. Zinc électrolytique du Canada ltée, in which — for the first time in the area of class actions — the Court granted a motion for declaration of improper use of procedure, incapacity and quarrelsome conduct against a representative and…

Takeoff Denied for Airline Fuel Surcharge Class Action

August 25, 2015

Last week, the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are displayed on a passenger’s ticket receipt. The plaintiffs alleged that the airlines’ display of fuel surcharges constituted a deceptive act or practice contrary to B.C.’s Business Practices and…

Court Clarifies Conditions to Certify a Class Action for Damages under Section 36 of the Competition Act

August 17, 2015

On August 7, 2015, Justice R. LeBlanc of the Federal Court of Canada dismissed a motion to certify a class action in Murphy v. Amway Canada Corporation, clarifying the conditions a proposed class plaintiff must meet in order to certify a class action for damages pursuant to section 36 of the Competition Act (Act). The plaintiff claimed that the operator…

​Court Endorses High Threshold for Leave, Certification of Secondary Market Securities Class Actions

July 30, 2015

  In its recent decision in Coffin v. Atlantic Power Corp. (Coffin), the Ontario Superior Court of Justice denied a proposed securities class action leave to proceed as a statutory secondary market action and refused to certify the remaining related common law claims.   The decision in Coffin continues the recent trend of courts in cases such as Theratechnologies Inc….

Federal Court of Appeal Expands Scope of Privacy Class Action

July 16, 2015

  The Federal Court of Appeal recently allowed an appeal expanding the scope of a certified privacy class action relating to the loss of personal data of Canada Student Loans recipients. The case, Condon v. Canada(Condon), had previously been certified as a class action, but only with respect to claims based in breach of contract and intrusion upon seclusion (see…

Going to California: Court of Appeal Rules Forum Selection Clause Overrides Certification of B.C. Privacy Act Claims

July 9, 2015

  The British Columbia Court of Appeal recently overturned the certification of a class action against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act, involving unauthorized commercial use of users’ names and likenesses. The lower court had exercised its jurisdiction over the claim despite the fact that Facebook’s standard terms of use contain a forum selection clause…

First Secondary Market Class Action to Reach SCC Denied Leave

April 20, 2015

  In a decision released on April 17, 2015, the Supreme Court of Canada (SCC) overturned the Québec Court of Appeal’s judgment in Theratechnologies Inc. v. 121851 Canada Inc. (See our July 2013 Blakes Bulletin: Statutory Secondary Market Misrepresentation Claims: Quebec Court of Appeal’s First Decision for more information.)   For the first time, the SCC considered the standard for…