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Canadian Class Actions Monitor Blog

Articles: 1-10 of 208

Trends and Other Insights: 2021 British Columbia Class Actions Filings

Colombia - May 16 2022 As we anticipated in our class actions trends update last year, class actions filings continue to increase in British Columbia, including potentially…

B.C. Court of Appeal confirms certification judge must actively weigh statutory factors in assessing preferability of class proceeding

Canada - May 3 2022 In Lewis v. WestJet Airlines Ltd, 2022 BCCA 145 (“Lewis”), the British Columbia Court of Appeal confirmed every factor in s. 4(2) of the Class…

The Impact of Adverse Regulatory Decisions on Certification

Canada - April 18 2022 Often, the same conduct is the focus of both regulatory processes and a proposed class action. Organizations may be concerned that an adverse…

Divisional Court Overturns Certification of Class Action for Breach of Privacy

Canada - April 8 2022 For nearly a decade, a nurse repeatedly viewed healthcare records of patients in order to steal prescription medication from a hospital. The access to…

Significant carriage decision from the BC Supreme Court

Canada - March 24 2022 As we have written, British Columbia is becoming an ever more popular jurisdiction for class actions. In turn, carriage battles among putative class…

BC Court of Appeal overturns refusal to certify securities class action finding that issues of causation and reliance were not a bar to certification

Canada - March 16 2022 In a previous post, we explained why the B.C. Supreme Court refused certification of a proposed securities misrepresentation class action in 0116064 B…

Statutory “best interest” obligations do not by themselves create fiduciary duties

Canada - March 11 2022 Do regulations and ethical rules requiring investment advisors to act in clients’ “best interest” create a fiduciary relationship between them? Not by…

Maple Leaf Foods Saves Your Bacon: Alberta Court of Appeal refuses to certify claim for pure economic loss

Canada - February 24 2022 In a previous blog post found here, our colleagues discussed the Supreme Court of Canada’s important November 2020 decision, 1688782 Ontario Inc. v…

Class Action Settlement: Are you protected from future claims in overlapping class actions?

Canada - February 4 2022 Like most corporate commercial litigation, class actions are settled more often than not. Court-approved settlements bind every class member who has…

Certification not just a speed bump: Federal Court scrutinizes speculative claims and wishful conspiracies

Canada - January 14 2022 This is the first part of a two-part series that will look at two recent developments to the competition class action landscape: certification and…