Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 24 JUNE 2014

Sweet Surprise: Pre-Certification Summary Judgment Awarded To Hershey In Labelling Class Action

Cassels
Cassels
Contributor
Cassels

Cassels

Cassels Brock & Blackwell LLP is a Canadian law firm focused on serving the transaction, advocacy,...

View firm profile
Explore more from Cassels

A recent case arising out of the Northern District of California provides a notable contrast between class actions in the United States and those in Canada.

CanadaLitigation, Mediation & Arbitration
Stefanie Holland
Stefanie Holland
Author LinkedIn connections

A recent case arising out of the Northern District of California provides a notable contrast between class actions in the United States and those in Canada when it comes to the burden of proof for representative plaintiffs.

Background

In Khasin v. The Hershey Co., Case No. 5:12-CV-01862-EJD, the Hershey Company (“Hersey”) was granted partial summary judgment in a putative class action. The plaintiff had alleged that Hershey’s representations concerning some of its products were unlawful and misleading, so as to amount to disbranding and deception. More specifically, the plaintiff alleged certain representations concerning antioxidants, nutrients, sugar and portion serving size on Hershey's advertisements, packaging and online website. The plaintiff alleged that he had relied on the Hershey website when he purchased its products.

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

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

Canada Announces New Counter-Tariffs And Support Measures Following US Tariff Actions

Canada has announced sweeping counter-tariffs ranging from 15% to 50% on approximately C$27.6 billion of US imports, effective September 8, 2026, in direct response to President Trump's 50% Section 338 tariffs on Canadian goods. The measures target key sectors including steel, aluminum, dairy, appliances, and electronics, while the federal government simultaneously rolls out C$7.5 billion in support for affected businesses and workers. Understanding whether products qualify as US goods under Canada's markin
CanadaInternational Law
Cassels
Cassels
Article

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.
CanadaEmployment and HR
Cassels
Cassels
Article

Charity And NPO Insights: Key Committee Recommendations For The 2026 Federal Budget

In September 2026, the House of Commons Standing Committee on Finance (the Committee) released its recommendations for the 2026 Federal Budget. While these recommendations do not form part of the Budget itself, they provide insight into current political policy priorities and proposals that may be reflected in future legislative and fiscal initiatives. In this article, we highlight several recommendations of particular relevance to charities and not-for-profit organizations, with a specific focus on the proposed social sector fund.
CanadaCorporate/Commercial Law
Cassels
Cassels
Article

Cassels On Competition: October 2026

More particularly, the Plaintiff had argued that the drip pricing provision in subsection 52(1.3) of the Competition Act requires “all-inclusive pricing” and forbids all forms of “fragmented or segmented pricing,” and that Ticketmaster’s partitioned price representations are thus prohibited as a criminal conduct and amount to false or misleading representations covered by the criminal misleading advertising provision in section 52
CanadaAntitrust/Competition Law
Cassels
Cassels
Article

Bill C-39: A New Era For Canadian Mining Project Approvals?

The Canadian government has introduced Bill C-39, the Building Canada Strong Act, proposing sweeping reforms to federal project approval processes that could fundamentally reshape mining project development and financing. The legislation aims to consolidate multiple federal reviews into a single coordinated process with a one-year decision timeline, while maintaining environmental protections and Indigenous consultation requirements.
CanadaGovernment, Public Sector
Cassels
Cassels