Category: Class Actions

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…

Certification of Overtime Class Action Denied: Decision Upheld by Ontario Court of Appeal

October 8, 2014

  INTRODUCTION   On October 6, 2014, the Ontario Court of Appeal released its judgment in Brown v. Canadian Imperial Bank of Commerce (Brown). The Court of Appeal upheld the decisions of the motion judge and the Divisional Court, which denied the certification of the overtime action as a class proceeding.   The class proposed at the Divisional Court and…

Inappropriate Forum Results in Stay of Ontario Securities Class Action

August 18, 2014

In a recent decision that will be of interest to public issuers, the Ontario Court of Appeal in Kaynes v. BP has stayed a potential securities class action against BP, PLC (BP). As a result of the decision, it is likely that Ontario courts will take a more restrained approach to determining whether actions involving foreign issuers whose securities do…

Supreme Court of Canada to Hear Securities Class Action Limitation Period Cases

August 8, 2014

The Supreme Court of Canada has granted leave to appeal in three securities class action cases in which the defendants seek to enforce the three-year limitation period for commencing statutory secondary market securities class action claims in Ontario. All three appeals are from a February 2014 decision in which the Court of Appeal for Ontario overturned its own earlier decision…

U.S. Supreme Court Delivers Mixed Result in Halliburton Securities Class Action

June 23, 2014

Today the Supreme Court of the United States released its much-anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., in which it revisited the “fraud-on-the-market” theory. This theory underlies a rebuttable presumption that investors rely on a defendant’s misrepresentation in deciding to buy or sell a company’s securities, and has been a major contributor to the boom in U.S….