Category: Class Actions

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…