ARTICLE
9 October 2025

October Timely Topics: Drip Pricing Class Action Implications, Key Product Liability Cases, The Latest In U.S. Tariffs, And More

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McCarthy Tétrault LLP

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McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in New York City, US and London, UK.
In a significant development for consumer protection and pricing practices, the Federal Court has certified the first class action under Canada's drip pricing provisions in Deane v. Canada Post...
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Timely Topics with McCarthy Tétrault curates our latest insights to help you stay informed of developments that can affect your business. Please contact us if you have any questions on the topics below.

Here are this month's trending topics:

Class Actions

Federal court certifies first drip pricing class action under new Competition Act provisions

In a significant development for consumer protection and pricing practices, the Federal Court has certified the first class action under Canada's drip pricing provisions in Deane v. Canada Post. The decision, now under appeal, addresses key interpretive issues, including the meaning of "fixed" charges, the scope of price representations, and the distinction between drip pricing and double ticketing. The ruling may set the tone for how future drip pricing claims are litigated and certified in Canada.

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Our Competition/Antitrust & Class Actions groups are actively tracking the outcome of this appeal and its implications for Canadian businesses. ContactNikiforos Iatrouto discuss compliance risks, litigation exposure, or strategic responses to these developments.

Product Liability and Mass Torts

Courts clarify key principles in Canadian product liability law: Q2 2025 case update

In this quarter's product liability law update, the Supreme Court of British Columbia considers the liability of third-party advisors in British Columbia v. McKinsey & Company, while Ontario courts weigh in on limitation periods, public nuisance, and repair claims in product liability contexts.

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Our Product Liability & Mass Torts team is actively monitoring these developments and their implications for risk management and litigation strategy. Contact Byron Shaw, Dorothy Charach, Samuel Lepage, Patrick Williams, or Lyndsey Delamont to discuss how these decisions could impact your business.

Tax

Quebec updates real estate transfer duty exemptions for group transfers

Quebec's Ministry of Finance has announced significant amendments to land transfer duty exemptions, introducing new rules for property transfers between groups of individuals and legal entities. These changes impact how ownership thresholds and timelines are assessed, particularly in reorganizations involving corporations and partnerships.

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Our National Tax Group has deep expertise in Quebec's real estate transfer duty rules and recent legislative updates. Contact Fred Purkey or Etienne C. Laplante to navigate these complex exemptions and optimize your property transfer strategies in Quebec.

Technology

Avoiding IT contract disputes through smart design and escalation strategies

The final instalment of our Mastering IT Contract Management series explores how to design effective dispute resolution processes within IT agreements. From early warning signs to tiered escalation and service continuity planning, this piece outlines practical ways to manage disputes without derailing critical services or vendor relationships.

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Our Technology Group has extensive regional and national experience advising and representing both customers and service providers in the IT space. Contact Christine Ing to learn how we can support your business needs.

International Trade

Tariffs and investor rights: Navigating investor-state dispute settlement claims

As tariffs and trade barriers rise, investors may use Bilateral Investment Treaties and Free Trade Agreements to challenge harmful measures through investor-state dispute settlement (ISDS). This update explains how protections like fair treatment and non-discrimination could offer a path to contest tariffs affecting foreign investments.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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