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Canadian Class Action Defence Blog

Articles: 1-10 of 189

Weeding out unmeritorious class actions early: section 4.1 of the amended Class Proceedings Act, 1992 comes to the rescue

Canada - October 14 2021 A recent decision of the Ontario Superior Court of Justice, Dufault v. Toronto Dominion Bank (Dufault), is the first decision interpreting section 4…

A minefield of risk? Ontario court grants leave and certifies class for secondary market misrepresentation action

Canada - September 20 2021 Public issuers operating abroad can face difficult decisions in relation to the disclosure of risks and contingencies arising from their foreign…

Riding the wave: recent developments with class action waivers

Canada - September 7 2021 A class action waiver is a contractual term — usually found in a contract between an individual and a company — that stipulates that the individual…

The ride isn’t over: Uber v Heller certified as a class action

Canada - August 31 2021 The battle between the ride-sharing company Uber and its Drivers continues, and continues to inform Canadian law. The Driver Class argues that they…

Saskatchewan court denies certification of Cambridge Analytica class action

Canada - August 18 2021 On July 14, 2021, the Court of Queen’s Bench for Saskatchewan dismissed the Plaintiff’s application for class certification in Kish v. Facebook, Inc.

No conspiracy without ‘some evidence’; concludes Superior Court of Québec when dismissing proposed class action

Canada - July 13 2021 On June 28, 2021, in the case of Hazan v. Micron Technology Inc. the Québec Superior Court dismissed an application for authorization to institute a…

Where the rubber meets the road: Evidentiary burdens and gain-based remedies in product liability class actions

Canada - May 31 2021 The Alberta Court of Appeal recently overturned a class certification order and made important comments on a representative plaintiff’s evidentiary…

Class actions ‘belong to class members’, not their lawyers: Alberta Court of Queen’s Bench clarifies roles of representative plaintiffs

Canada - May 19 2021 The interplay between the roles and responsibilities of the representative plaintiff and class counsel in the context of a class action has been the…

First merits decision dismissing privacy class action in Canada

Canada - April 19 2021 In an ever growing landscape of data theft and privacy breaches, the Superior Court of Québec recently dismissed a privacy class action on the merits…

Developments across the pond: Will the UK courts’ expansion of parent company liability be adopted in Canada?

Canada, United Kingdom - March 22 2021 Since the English case of Saloman v. Saloman & Co in 1896, the common law has generally protected a parent company from sharing in the liability of…