The Supreme Court of Canada released judgment this week in
a trilogy of cases of interest to Canadian businesses and
In Bank of Montreal v. Marcotte, 2014 SCC 55, Amex Bank of Canada v.
Adams, 2014 SCC 56 and Marcotte v.
Fédération des caisses Desjardins du
Québec, 2014 SCC 57, the Court upheld class action
trial judgments against several financial institutions in which
consumers recovered conversion charges that the defendants imposed
upon credit card purchases made in foreign currencies. The
defendants were found not to have complied with certain disclosure
required in the Quebec Consumer Protection Act (the
"CPA") with respect to conversion charges
assessed by them. The Court rejected arguments that the
relevant CPA provisions were constitutionally
inapplicable or inoperative under the doctrines of
interjurisdictional immunity and paramountcy, based on their
impairment of the federal banking power or conflict with the
Bank Act. As well, the Court clarified that a
class action may be authorized even where the
representative plaintiff does not have a direct cause of action
against each named defendant, so long as he or she is an adequate
representative of the class and the actions against each defendant
involve identical, similar or related questions of fact. The
Court also addressed the threshold for awarding punitive damages in
the class actions context.
For more extensive discussions of the Marcotte
trilogy, please see the
blog post prepared by my colleague Shaun Finn (focusing on its
implications for class actions law), and the legal update prepared by my colleagues James
Archer, Ana Badour and Robert Metcalfe (focusing on its
implications for constitutional law and financial
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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