Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 AUGUST 2024

Lilleyman V Bumble Bee Foods LLC And The "Some Basis In Fact" Requirement For Class Certification

Crawley MacKewn Brush LLP
Explore more from Crawley MacKewn Brush LLP

The recent decision of the Court of Appeal for Ontario in Lilleyman v. Bumble Bee Foods LLC, 2024 ONCA 606 confirms the significance of the "some basis in fact" requirement for establishing the existence of the proposed common issues at certification, in particular, where the theory of liability advanced by the plaintiff is dubious.

CanadaLitigation, Mediation & Arbitration
Linda Fuerst
Linda Fuerst
Katarina Wasielewski
Katarina Wasielewski
Author LinkedIn connections

The recent decision of the Court of Appeal for Ontario in Lilleyman v. Bumble Bee Foods LLC, 2024 ONCA 606 confirms the significance of the "some basis in fact" requirement for establishing the existence of the proposed common issues at certification, in particular, where the theory of liability advanced by the plaintiff is dubious.

The appeal was from the dismissal of the plaintiff's motion to certify a proposed class action brought on behalf of direct, indirect and umbrella purchasers of brands of canned tuna allegedly sold in Canada by the defendants or associated entities at supercompetitive prices (Lilleyman v. Bumble Bee Foods LLC, 2023 ONSC 4408). Piggybacking on the findings in anti-trust proceedings in the United States that, over a three year period, three entities that dominated the U.S. marketplace for consumer tuna unlawfully conspired to fix the price of tuna sold there, the Claim alleged that there was a similar or related conspiracy to fix prices of

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

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.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

The Supreme Court Of Canada Reviews Québec’s Bill 21

Québec's Bill 21, enacted in 2019, bans public sector workers from wearing religious symbols and is shielded from most Charter challenges by the notwithstanding clause. The Supreme Court of Canada is now reviewing this controversial law, with a ruling expected as early as November 2026 or later in 2027. Former Minister of Justice Arif Virani discusses the court's struggle to balance competing constitutional principles in this landmark case.
CanadaLitigation, Mediation & Arbitration
Torys
Torys
Article

Supreme Court Strikes Down Privative Clause: What Democracy Watch v Canada Means For Administrative Decision-makers

The Supreme Court of Canada has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner's decisions. The ruling establishes that the Constitution guarantees a minimum of legality review over all administrative decisions, with implications extending to labour relations, workers' compensation, and immigration legislation containing similar clauses.
CanadaLitigation, Mediation & Arbitration
Miller Thomson
Miller Thomson
Article

Seeking Leave To Appeal A Decision Of The Divisional Court: An Updated Framework

A five-judge panel of the Ontario Court of Appeal has refined the framework for granting leave to appeal decisions of the Divisional Court, addressing decades of inconsistent interpretation and application. The updated test clarifies when an arguable question of law or mixed law and fact rises to sufficient public importance to warrant appellate consideration, resolving uncertainty about whether different standards apply based on the Divisional Court's jurisdiction.
CanadaLitigation, Mediation & Arbitration
Crawley MacKewn Brush LLP
Crawley MacKewn Brush LLP
Article

Terminate With Caution: Regulatory Findings May Not Establish Cause

The Ontario Superior Court's decision in Silva v Royal Bank of Canada examines whether regulatory compliance concerns and policy violations automatically justify dismissal for cause. When RBC terminated a long-serving financial planner following an investigation into client transactions and compliance practices, the Court scrutinized not only the alleged misconduct but also the fairness of the investigation and the substantial impact of regulatory reporting on the employee's future career prospects.
CanadaEmployment and HR
Crawley MacKewn Brush LLP
Crawley MacKewn Brush LLP
Article

Lessons In Suing Securities Regulators: Herner v. Mutual Fund Dealers Association And Ontario Securities Commission, 2026 ONSC 4889

A mutual fund dealing representative sued the MFDA and OSC for $47.5 million in damages, alleging intentional torts including conspiracy, abuse of process, and malicious prosecution stemming from a regulatory investigation and enforcement proceedings. The 21-day trial resulted in complete dismissal of all claims, with the court making significant findings on regulatory immunity provisions and the scope of duties owed by securities regulators to regulated persons.
CanadaLitigation, Mediation & Arbitration
Crawley MacKewn Brush LLP
Crawley MacKewn Brush LLP