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1
Wellman v. TELUS: Supreme Court Emphasizes Enforceability Of Arbitration Provisions
In its recent 5-4 decision in Wellman v. Telus, the Supreme Court of Canada confirmed the enforceability of arbitration provisions in the context of business (i.e., non-consumer) contracts
Canada
23 Apr 2019
2
Ontario Court Of Appeal Clarifies Jurisdictional Limits Of Secondary Market Claims In Yip V. HSBC Holdings Plc
The recent judgment of the Ontario Court of Appeal in Yip v. HSBC Holdings plc[1] provides helpful guidance on the jurisdictional limits of secondary market proceedings commenced in respect...
Canada
20 Jul 2018
3
Cold Shoulder: BC Court Denies Certification Finding No "Identifiable Class"
A recent decision by the British Columbia Supreme Court denying class certification illustrates the Court's continued insistence on the rigorous application of the statutory certification criteria...
Canada
5 Dec 2016
4
Who Is A Consumer? Consumer Protection Claims Where Consumers Cannot Be "Objectively" Identified
A developing line of British Columbia certification decisions provides a strong basis to resist certification of consumer protection claims...
Canada
9 Nov 2016
5
Ontario Court Of Appeal Confirms Importance Of Weighing Defence Evidence
The Ontario Court of Appeal recently confirmed the importance of defence evidence when opposing leave to bring statutory misrepresentation claims under Part XXIII.1 of the Securities Act.
Canada
12 Sep 2016
6
Balancing Access To Justice And Judicial Efficiency In Carriage Decisions
As we have discussed before, Canadian courts are grappling with a number of considerations involved in multijurisdictional class actions.
Canada
30 Jun 2016
7
Attempt To Revive Failed Certification Fails
What happens when a change in the law arguably gives fresh life to a previously failed certification motion?
Canada
6 Jun 2016
8
Court Of Appeal Confirms Class Action Contract Claims Can Be Decided On Summary Judgment
On April 4, 2016, the Ontario Court of Appeal granted summary judgment in Sankar v Bell Mobility Inc., dismissing a certified class action against Bell Mobility Inc. regarding prepaid wireless credits.
Canada
25 Apr 2016
9
Court Of Appeal Confirms That A Flexible Approach To Class Certification‎ Serves The Greater Good
On April 6, 2016, the Ontario Court of Appeal released its decision in Good v. Toronto Police Services Board in respect of the certification of a proposed class proceeding on behalf of protestors and other individuals who had been detained at the G20 summit held in Toronto in June 2010.
Canada
20 Apr 2016
10
Class Action Law Firm Breaches Carriage Order In Volkswagen Litigation
As anticipated, the multiplicity of class actions commenced in Canada in the Volkswagen Litigation has given rise to carriage wars across the country.
Canada
10 Mar 2016
11
Product Liability Defence White Paper: Does Pre-Emption Exist In Canada?
U.S. manufacturers selling regulated products in Canada may be surprised to learn that compliance with the FDA and associated regulatory frameworks has not historically served as a defence to product liability claims.
Canada
15 Jan 2016
12
Arbitration Clauses: The Impact On Class Actions In Canada And The United States
Over the past few years, courts in Canada and the United States have been engaged in this dialogue through cases involving consumer contracts.
Canada
13 Nov 2015
13
Volkswagen Litigation Highlights Significant Procedural Issues For Defendants Faced With Multiple Overlapping Class Actions
In the wake of media coverage surrounding the emissions results for certain of Volkswagen's diesel engines, which reports have spawned numerous court and regulatory proceedings in multiple jurisdictions, more than 10 different class actions have recently been commenced in Canada (including 4 in Ontario).
Canada
5 Oct 2015
14
Excalibur: The Divisional Court Affirms That Class Actions Are Not Always Preferable And That Ontario Courts Should Not Always "Go Global"
In the recent Excalibur Special Opportunities LP v Schwartz Levitsky Feldman LLP decision, a majority of the Ontario Divisional Court upheld the ruling of Justice Perell denying certification of a proposed global class action...
Canada
16 Jul 2015
15
Health Canada Releases Guide To Implementing The Protecting Canadians From Unsafe Drugs Act (Vanessa's Law)
Health Canada has issued a draft Guide as a companion to last year's amendments to the Food and Drugs Act made pursuant to Bill C-17 - Protecting Canadians from Unsafe Drugs Act (Vanessa's Law).
Canada
29 May 2015
16
Divisional Court Rules On Cost Regime Symmetry
The Divisional Court released its decision in Fischer last week, in which the Court dismissed the Plaintiffs' application for leave to appeal an October 2014 costs decision by Perell J.
Canada
20 May 2015
17
Cause And Effect: The Evidentiary Threshold Required To Certify A Product Liability Class Action
The British Columbia Court of Appeal recently clarified the evidentiary threshold that plaintiffs must satisfy at the certification stage in the context of product liability class actions in Charlton v. Abbott Laboratories, Ltd.
Canada
18 Mar 2015
18
B.C. Court Confirms Plaintiffs Must Provide Workable Causation Methodology To Certify Product Liability Class Proceedings
The British Columbia Court of Appeal clarified the evidentiary threshold plaintiffs must satisfy at the certification stage in the context of product liability class actions.
Canada
16 Mar 2015
19
Made In Canada, But Sold South Of The Border: A Cautionary Tale For Supply Chain Participants
In Canada, liability for a defective product can attach to all participants in a supply chain to varying degrees, including retailers, suppliers, wholesalers, distributors, importers and manufacturers of the product.
Canada
9 Feb 2015
20
‘Protecting Canadians From Unsafe Drugs Act’ Receives Royal Assent
In recent years Health Canada has been expanding its legislative and regulatory powers in respect of consumer safety on a number of fronts.
Canada
30 Dec 2014
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