Searching Content indexed under Class Actions by Cassels Brock ordered by Published Date Descending.
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Jeremy Martin Invited To Attorney General's Roundtable On Class Actions
On August 27, 2019, Attorney General of Ontario Douglas Downie invited a small group of 23 representative stakeholders to discuss the potential for introducing amendments to the Class Proceedings Act
30 Aug 2019
Supreme Court Of Canada Confirms Arbitration Clauses Enforceable Against Businesses Claims
Business customers of Telus cannot avoid the terms of a mandatory arbitration clause by joining a class action with consumers who are not bound by the clause.
26 Apr 2019
A Joint Effort: Nova Scotia Court Certifies Canada's First Ever Cannabis Product Liability Class Action
With the legalization of medical and recreational cannabis in Canada, product liability litigation was almost certain to follow.
21 Mar 2019
Wendy Berman Looks At A "Slowdown In Securities" With Lexpert
Wendy Berman has been quoted in the article "Slowdown in Securities," published in Lexpert's Special Edition on Litigation.
5 Dec 2018
Plaintiffs Need Not Reply: Motion Striking Reply Expert Report As Violating The Rule Against Case-Splitting Granted
A motion to strike a plaintiff's reply expert report on a motion for leave under Part XXIII.1 of the Securities Act (Ontario) has been granted on the basis that the rule against case-splitting prevents a party from ...
3 Oct 2018
Not Necessarily Here: Ontario Court Of Appeal Clarifies Jurisdictional Limits For Secondary Market Misrepresentation Claims
In its recent decision in Yip v. HSBC Holdings plc, the Ontario Court of Appeal clarified the jurisdiction of the Ontario courts with respect to secondary market misrepresentation claims.
23 Aug 2018
Living In A Material World: Materiality Drives Dismissal Of Motion For Leave To Commence Statutory Misrepresentation Claims Under The Ontario Securities Act
The Ontario Superior Court of Justice recently refused to grant leave to commence a statutory secondary market misrepresentation claim in a proposed class action pursuant to Part XXIII.
20 Aug 2018
Hole In One: Ontario Superior Court Of Justice Dismisses Oppression Class Action Against North Halton Golf And Country Club
North Halton is a private company which operates and manages a golf and country club (the Club).
7 Aug 2018
Rejection Of Reasonable Investigation Defence In Securities Class Action Stands: Supreme Court Denies Leave To Appeal
The Ontario Court of Appeal has the final word in a securities class action in which it permitted a statutory secondary market misrepresentations claim to proceed under Part XXIII.1 of the Securities Act ...
4 Jul 2018
Ontario Court Finds Franchisee Personally Liable For $1.7 Million Dollar Costs Award In Failed Class Action
On May 29, 2018, the Honourable Madam Justice Nishikawa of the Ontario Superior Court of Justice released a decision in Pet Valu Canada Inc. v. Rodger, 2018 ONSC 3353...
1 Jun 2018
Not Home Free Yet: Financial Institution Faces New Lawsuit Despite Creative Comprehensive Global Settlement For Disclosure Violations
Complexity of resolving parallel regulatory and civil proceedings for disclosure violations.
7 Feb 2018
Not Enough To File And Smile: BC Supreme Court Refuses To Certify Class Proceeding, Confirms That Low Bar Does Not Mean No Bar
The Court may also scrutinize evidence where necessary at the certification stage to ensure that all requirements are met.
6 Feb 2018
No New Duty, No Negligence: Ontario Court Dismisses Class Action Certification Motion Against Underwriters
The Ontario Superior Court of Justice has declined to certify a class action against underwriters in LBP Holdings Ltd. v. Hycroft Mining Corporation, holding for the first time that underwriters...
14 Nov 2017
Canadian Securities Litigation Outlook 2017: Trends To Watch For Capital Markets Participants
The latest issue of the Canadian Securities Litigation Outlook provides a helpful analysis of securities litigation developments from the past 12 months and looks at trends to watch in 2018.
24 Oct 2017
Requirements For Anti-Spam Compliance For Insurers
This was welcome news for many industries. The private right of action presented a new risk of significant statutory damages and potential class action lawsuits for minor and technical breaches of CASL.
27 Jun 2017
CASL Private Right Of Action Gone For Now, But Can It Be Forgotten?
The June 7th Order-in-Council repealed paragraph (c) of the 2013 Order-in-Council that set July 1, 2017, as the date on which the private right of action would come into force.
12 Jun 2017
Supreme Court Of Canada Delivers The Final Word On Pet Valu Class Action
The Supreme Court of Canada denied an application for leave to appeal brought by the plaintiff, bringing an end to this seven-year, $100 million class action.
14 Oct 2016
Canadian Securities Litigation Outlook
In the secondary market class action context, we examine the implications of the Supreme Court of Canada's clarification of the leave threshold, and review some recent examples of successful defence strategies.
27 Jun 2016
Hardwood Humidity Headache: Ontario Divisional Court Imposes A Duty To Disclose On Product Retailers
In Swern v Amazon Hardwood Centre Inc., the appeal of an Ontario Small Claims Court decision, the Divisional Court found that product retailers have a duty to disclose product information in the context of an ordinary contractual relationship between a retailer and a consumer.
23 May 2016
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