ArticleVideo: Life Sciences Product Liability Litigation TrendsProduct liability litigation remains a challenging, business-critical risk for pharmaceutical and medical device manufacturers.CanadaConsumer ProtectionTorys
ArticleCOVID-19 Class Actions Weekly Round-Up - For The Week Of April 13, 2020As described in our previous blog posts, the COVID-19 pandemic has already led to a flurry of class actions in the United States and, to a lesser extent, in Canada.CanadaCoronavirus (COVID-19)Bennett Jones LLP
ArticleAndriuk V. Merrill Lynch Canada Inc., 2014 ABCA 177The Alberta Court of Appeal upheld a refusal to certify a class action against the dealer in respect of its clients’ investments in a speculative stock.CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleClass Action For Workplace Sexual Harassment Allowed To ProceedA former flight attendant of WestJet, Mandalena Lewis, has commenced a class action lawsuit on behalf of a proposed class of WestJet employees, alleging that the company breached its promise to provide...CanadaEmployment and HRLawson Lundell LLP
ArticleGenerous Approach To Certification Taken By BC Court Of Appeal In BasyalIn the result, the Court of Appeal stayed the underlying proceeding while the plaintiffs amend their pleading. CanadaEmployment and HRBorden Ladner Gervais LLP
ArticleOntario Superior Court Certifies Overtime Class Action Brought Against Scotiabank In Fulawka v. The Bank Of Nova ScotiaOn February 19, 2010, the Ontario Superior Court of Justice certified a class action against the Bank of Nova Scotia (Scotiabank) on behalf of employees claiming overtime pay. CanadaFinance and BankingOsler, Hoskin & Harcourt LLP
ArticleSuperior Court Certifies Action As Class Proceeding For Settlement Against Three Major Banks For Fixing And Manipulating RatesThe Statement of Claim, issued in September 2015, pleads inter alia a statutory right of action for contraventions of the Competition Act, civil conspiracy and unjust enrichment.CanadaFinance and BankingBorden Ladner Gervais LLP
ArticleFederal Court Approves Litigation Funding Agreement In Proposed Class Proceeding Against Generic Drug ManufacturersAs previously reported, a proposed class action proceeding against over 50 generic drug manufacturers was commenced in 2020.CanadaFood, Drugs, Healthcare, Life SciencesSmart & Biggar
ArticleBill C-61 Focuses On Protecting Safe Drinking Water For First Nations (Webinar)The federal government's recently introduced Bill C-61 supports both a First Nations drinking water class action settlement agreement and further efforts to incorporate...CanadaGovernment, Public SectorOsler, Hoskin & Harcourt LLP
Video2020 Class Actions Update (Video)Canada and the United States have witnessed an explosion of class action lawsuits in recent times. CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleA Second Trilogy Of Canadian Litigation Funding Case LawFollowing a trilogy of cases regarding Bentham's litigation funding last year, Bentham's funding agreements have recently been the subject of three more decisions. CanadaLitigation, Mediation & ArbitrationBentham IMF Capital Limited
ArticleAccess To Justice Above All: The Court Of Appeal Revisits Preferable ProcedureThe representative plaintiff advanced a claim of negligent misrepresentation.CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleAttis v. Ontario (Minister of Health)The Attorney General sought an order for the outstanding costs of a class action to be paid by the plaintiffs’ solicitors. Following unsuccessful appeals to the Court of Appeal and the Supreme Court, the total costs awarded against the plaintiffs were over $165,000.CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleBC Court Declines To Certify Overdose Prevention Class Action After Finding No Basis In Fact For CausationA recent decision from the Supreme Court of British Columbia underscores the Court's cautious approach to certifying class actions in nuisance cases, particularly when the alleged harm arises from varied and diffuse conduct.CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleB.C. Government Introduces Bill 12 – 2024 Public Health Accountability And Cost Recovery ActOn March 14, 2024, the B.C. government introduced for first reading Bill 12 – 2024, Public Health Accountability and Cost Recovery Act.CanadaLitigation, Mediation & ArbitrationLawson Lundell LLP
ArticleBeing Neighbourly: Canada Welcomes Foreign Defendants In Class ProceedingsThere seems to be a trend developing in United States courts to place limits on class actions, including class proceedings involving pharmaceutical and medical products, but the same cannot be said regarding courts in Canada.CanadaLitigation, Mediation & ArbitrationDLA Piper
ArticleCanada Hits The Pause Button On Casl's Private Right Of ActionThe Government of Canada has suspended the private right of action that was expected to come into force under Canada's Anti-Spam Law (CASL) on July 1, 2017. CanadaLitigation, Mediation & ArbitrationGowling WLG
ArticleCanadians Begin Receiving Payments From $78M Auto Parts Class Action SettlementCTV News reported that Canadians are beginning to receive payments from a $78 million auto parts class action settlement.CanadaLitigation, Mediation & ArbitrationSiskinds LLP
ArticleCarriage Of Bread Price-Fixing Class Action Awarded To AGM And 3 Other FirmsThe Ontario Superior Court of Justice awarded carriage of a class action into alleged price-fixing of packaged bread to a consortium of law firms including Affleck Greene McMurtry LLP.CanadaLitigation, Mediation & ArbitrationAffleck Greene McMurtry LLP
ArticleClass Action Filed Against Horne Foundry, Quebec GovernmentiHeart Radio recently covered the announcement of Siskinds Desmeules proposed class action against Horne Foundry.CanadaLitigation, Mediation & ArbitrationSiskinds LLP