Category: Class Actions

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​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…

Ontario Court of Appeal Allows Privacy Tort in Medical Records Context

February 27, 2015

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

B.C. Court Finds Methodology to Prove Causation is Required to Certify Pharmaceutical Class Actions

February 4, 2015

  INTRODUCTION   On January 22, 2015, the British Columbia Court of Appeal set aside certification of a class action against Apotex Inc. and Abbott Laboratories Ltd. in Charlton v. Abbott Laboratories Ltd. (Charlton), in which the plaintiffs allege that the medicine sibutramine (sold under the brand name Meridia by Abbott), an antidepressant that is also used for weight loss,…

Court of Appeal for Ontario Clarifies Leave and Certification Standards

December 22, 2014

  The Court of Appeal for Ontario’s recent decision Bayens v. Kinross Gold Corporation clarifies the standard for obtaining leave to advance statutory claims for secondary market misrepresentation and affirms that parallel common law negligent misrepresentation claims in such cases will not be certified as a matter of course. In Bayens, the plaintiffs brought a proposed C$6-billion class action on…

Recent Developments in Class Actions Practice and Jurisprudence

November 20, 2014

Class action practice and jurisprudence continue to evolve at an accelerated rate. Contributors to this rapid evolution include a plaintiffs’ bar that continues to seek out new business models, new causes of action and novel remedies; the increasing experience of counsel and the judiciary with the common issues trial process; and the direction provided by the Supreme Court of Canada…

Another Refreshing Decision: Certification Denied in B.C. vitaminwater® Class Action

October 29, 2014

  INTRODUCTION   Earlier this month, the British Columbia Supreme Court released its judgment in Clark v. Energy Brands Inc.and refused to certify a proposed class proceeding regarding alleged breaches of British Columbia’s Business Practices and Consumer Protection Act (BPCPA) in relation to the labelling and marketing of vitaminwater® beverages. This follows a previous decision in June by the Quebec…

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