Canada: Class Actions

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Article
B.C. Court Dismisses Securities Class Action Against Alio Gold: Four Key Lessons For Defendants
The B.C. Supreme Court dismissed a securities class action against Alio Gold Inc., ruling in favor of the defendant on all 21 certified common issues. This decision provides important guidance on defending securities class actions, particularly regarding the standard of care for technical mining matters, the role of hindsight in analyzing misrepresentations, and the requirements for proving reliance, causation, and damages in common law claims.
Canada Litigation
MT
McCarthy Tétrault LLP
Article
Appeal Court Confirms Class Action Plaintiffs Cannot Elect Disgorgement To Sidestep The Need For Evidence Of Loss
The Ontario Divisional Court has upheld a lower court's decision denying class certification in a data privacy case against Facebook, establishing important boundaries for when disgorgement remedies can be pursued in breach of contract claims. The ruling addresses whether plaintiffs can strategically elect disgorgement to avoid proving compensable loss, and reinforces fundamental prerequisites for class action certification.
Canada Litigation
OH
Osler, Hoskin & Harcourt LLP
Article
Back To Basics On Commonality: Whether One Step Or Two, BC Court Of Appeal Confirms The Burden Remains The Same
The British Columbia Court of Appeal has weighed in on a longstanding debate in class action law: whether the commonality test should be characterized as a one-step or two-step analysis. In two recent opioid-related cases, the court clarified the evidentiary standard plaintiffs must meet when establishing that proposed common issues exist and can be resolved on a class-wide basis. The decisions emphasize a functional, pragmatic approach that focuses on whether certification will avoid duplication of litigat
Canada Litigation
TL
Torys LLP
Article
No Leave, No Claim: British Columbia Reinforces Gatekeeping For Secondary Market Claims
The British Columbia Supreme Court has reinforced stringent requirements for secondary market misrepresentation claims, denying leave in a case where the plaintiff failed to provide admissible evidence, properly plead alleged misrepresentations, and meet limitation period requirements. The decision clarifies that the Class Proceedings Act does not suspend limitation periods for claims that plaintiffs have failed to properly advance, and confirms the court's gatekeeping role in screening unsubstantiated secu
Canada Litigation
C
Cassels
Article
Court Of Appeal Summaries ( May 11 – 15, 2026 )
The Ontario Court of Appeal issued decisions on several civil matters during the week of May 11, 2026, addressing complex issues ranging from insurance coverage disputes and corporate veil piercing to anti-SLAPP motions and administrative tribunal independence. These rulings provide important guidance on summary judgment procedures, causation analysis in multi-event losses, and the scope of deliberative secrecy protecting tribunal communications.
Canada Litigation
BM
Blaney McMurtry LLP
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