Category: Litigation & Dispute Resolution

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Food and Beverage Class Actions in Canada: What Are the Litigation Risks?

February 10, 2016

Class actions in Canada are on the rise. With the imposition of strong consumer protection laws, expanding regulation of food and health generally, and enhanced government scrutiny, consumers are increasingly taking on companies for failure to fulfil legal requirements or for engaging in false or misleading advertising. This trend is particularly heating up in the food and beverage industry, where…

Class Action Results in Hefty Bill: C$2-Million in Punitive Damages

February 1, 2016

In the recent decision Biondi c. Syndicat des cols bleus regroupés de Montréal (SCFP-301), the Superior Court of Quebec (Court) ordered the Syndicat des cols bleus regroupés de Montréal (Union) to pay C$2-million in punitive damages to the plaintiff class. Although Quebec courts can award punitive damages when expressly provided for in a statute, this remains an exceptional measure and…

Appeal Puts Faith to the Test: Court Grants Appeal from Arbitral Award on Scope of Contractual Duty of Honest Performance

January 29, 2016

The British Columbia Supreme Court has recently granted leave to appeal from an arbitrator’s award that applied a broad notion of the doctrine of good faith in the performance of a contract. As the court noted, the issues arising in Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd. (Wastech) involve an “interesting intersection between two recent Supreme Court…

Ontario Court Recognizes New Privacy Tort “Publication of Embarrassing Private Facts”

January 28, 2016

In Doe 464533 v. X (Doe 464533), the Ontario Superior Court of Justice (Court) found civil liability for the online publication of an intimate video by an ex-boyfriend. The case is significant because it signals the continuing expansion of privacy torts in Ontario, in this case through the recognition, for the first time in Canada, of the tort of “publication…

Important Updates and Developments in Class Action Practice

January 27, 2016

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…

Global Focus on Anti-Corruption Continues: Transparency International Releases Corruption Perceptions Index 2015

January 27, 2016

On January 27, 2016, Transparency International published its Corruption Perceptions Index (CPI) for 2015. The 2015 edition ranks 168 countries based on the perceived level of corruption in the country’s public sector. Overall, two-thirds of the countries on the 2015 index scored below 50, on a scale where zero is highly corrupt and 100 is very clean. Canada ranked in…

Ontario Court Finds Cellphone Tower “Metadata” is Private

January 20, 2016

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of Rights and Freedoms (Charter). A “tower dump” order requests information about communications transmitted through a cellphone tower during a particular time period, such as the telephone numbers…

Federal Court Rules Internet Provider Should Not Recover Costs of Informing Clients of Motion for Customer Information

January 11, 2016

In Voltage Pictures LLC v. John Doe, the Federal Court ruled that TekSavvy Solutions Inc. (TekSavvy), a non-party Internet service provider, could not recover costs related to its decision to inform 200,000 of its customers of a pending motion seeking TekSavvy customer information. The motion was brought in a class action lawsuit alleging online piracy of the movie The Hurt…

Look Ahead: 2016 Legal Trends

January 8, 2016

  While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016.  ​​​​   Anti-Spam   Capital Markets  ​ China    Commercial Real Estate Cybersecurity Employment & Labour Financial Services Regulatory Intellectual Property International Trade   Litigation & Dispute Resolution   Mergers & Acquisitions   Oil &…

Court Limits Liability for Nuisance, Expands Injurious Affection Claims for Public Infrastructure Projects

January 8, 2016

In November, the B.C. Supreme Court (Court) issued an important decision in the long-running litigation saga arising from the construction of the SkyTrain’s Canada Line between Vancouver’s downtown, the suburb of Richmond, and Vancouver’s international airport. The decision has significant implications for public infrastructure projects, in identifying those kinds of claims that may successfully be brought as a result of…

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