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Canadian Class Actions Monitor Blog

Articles: 1-10 of 172

“Too Big to Certify”

Canada - December 17 2020 In Kett v. Mitsubishi Materials Corporation, 2020 BCSC 1879, Justice Branch dismissed a certification application because the case was “too big to…

Class members ineligible for a settlement denied the right to appeal

Canada - November 20 2020 In Hébert v. Wenham, 2020 FCA 186, over a quarter of the class was ineligible for a settlement approved by the Federal Court. Several ineligible class…

Certification refused because plaintiffs offer no evidence of compensable harm after defendants repair vehicles

Canada - October 22 2020 In Maginnis and Magnaye v. FCA Canada et al, 2020 ONSC 5462, the court refused to certify a class proceeding for the reason that there was no evidence…

Significant Changes to the Ontario Class Proceedings Act are now in force

Canada - October 21 2020 Ontario’s Attorney General has now announced that the amendments to the Class Proceedings Act, 1992 (the “CPA”), as found in Bill 161, the Smarter and…

Should I Stay or Should I Go? Direction from the Court of Appeal of Quebec in matters of class action stay applications.

Canada - October 15 2020 The filing of concurrent multi-jurisdictional class actions applications based on the same facts has long been a thorn in the side of judicial…

B.C. Court of Appeal confirms there is no “federal common law” privacy tort, but suggests the existence of a provincial privacy tort is an “interesting question”

Canada - September 22 2020 Over the last two decades, British Columbia’s courts have consistently held that there is no common law tort for breach of privacy (or intrusion upon…

Rightfully Relegated: The Supreme Court Ends the Debate about Waiver of Tort

Canada - September 16 2020 On July 24, 2020, the Supreme Court of Canada released its much anticipated decision in Atlantic Lottery Corporation Inc. v Babstock, 2020 SCC 19. The…

No indemnity for the representative in a class action in Quebec

Canada - September 15 2020 In its recent decision in Attar v. Fonds d'aide aux actions collectives et al, 2020 QCCA 1121, the Quebec Court of Appeal upheld the Superior Court…

Who drives the bus? A proposed representative plaintiff and proposed class counsel apply to replace each other in Warner v Google LLC, 2020 BCSC 1108

Canada - September 4 2020 Warner was a proposed class action commenced on behalf of users of Android smartphones against Google. Similar actions were filed in Ontario and…

A Face-off: New Privacy Class Actions target facial recognition software

Canada - September 3 2020 Class actions based on privacy legislation are becoming more common. And while many privacy class actions involve data breaches, sometimes new…