Category: Class Actions

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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….

A Refreshing Decision: Quebec Court Refuses to Authorize vitaminwater® Class Action

June 20, 2014

  On June 11, 2014, the Quebec Superior Court rendered an important class action decision in the matter of Wilkinson c. Coca-Cola Ltd., dismissing a motion for authorization to institute a class action against Coca-Cola Ltd. and Energy Brands Inc., who were accused of making false representations regarding the contents and benefits of vitaminwater® beverages.     FACTUAL CONTEXT   The…

A Refreshing Decision: Quebec Court Refuses to Authorize vitaminwater® Class Action

June 20, 2014

  On June 11, 2014, the Quebec Superior Court rendered an important class action decision in the matter ofWilkinson c. Coca-Cola Ltd., dismissing a motion for authorization to institute a class action against Coca-Cola Ltd. and Energy Brands Inc., who were accused of making false representations regarding the contents and benefits of vitaminwater® beverages.     FACTUAL CONTEXT   The…

Alberta Court of Appeal Uses Class Action to Broaden Summary Judgment and Narrow Strict Liability

April 9, 2014

  INTRODUCTION   On March 19, 2014, the Alberta Court of Appeal (Court) released its unanimous decision in Windsor v. Canadian Pacific Railway Ltd. The Court allowed the appeal in part, dismissing a class claim against Canadian Pacific Railway Ltd. (Railway). The Court of Appeal’s decision broadens the availability of summary judgment in Alberta, including with respect to class proceedings, and…

Ontario Court of Appeal Refuses to Take ‘Quantum Leap’ in Expanding Manufacturers’ Tort Liability

March 21, 2014

  INTRODUCTION   On March 13, 2014, the Supreme Court of Canada denied leave to appeal the Ontario Court of Appeal’s (OCA) decision in Arora v. Whirlpool Canada LP. As a result, the OCA’s unanimous decision – refusing to certify a class action and dismissing the case in its entirety – stands as the leading Ontario decision on the liability of manufacturers under…

SCC Allows Indirect Purchaser Class Actions to Proceed

October 31, 2013

  On October 31, 2013, the Supreme Court of Canada (SCC) released its decisions allowing the appeal from the British Columbia Court of Appeal (BCCA) in Pro-Sys Consultants Ltd. v. Microsoft Corporation (Pro-Sys) and dismissing the appeal from the BCCA in Sun-Rype Products Ltd. v. Archer Daniels Midland Company (Sun-Rype) and the appeal from the Quebec Court of Appeal (QCA) in Infineon Technologies AG v….

Class Actions: Recent Developments and Practical Lessons

September 12, 2013

Class action practice and jurisprudence are evolving 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 increasing complexity of managing multi-jurisdictional claims. Blakes lawyers nationally…

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