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Canadian Class Actions Monitor Blog

Articles: 1-10 of 219

Tort of Intrusion Upon Seclusion Does Not Apply to Third Party Data Breach

Canada - November 29 2022 On November 25, 2022, the Ontario Court of Appeal released a trilogy of decisions that firmly shut the door on the pleading of the tort of intrusion…

The Saskatchewan Court of Appeal formulates test for temporarily staying an individual proceeding in favour of a proposed or certified class proceeding

Canada - November 25 2022 In Herold v Wassermann, 2022 SKCA 103 the Saskatchewan Court of Appeal formulated the test for temporarily staying an individual proceeding in favour…

The Impact of Proportionality on the International Jurisdiction of Quebec Courts

Canada - November 14 2022 On September 12, 2022, the Quebec Court of Appeal confirmed the interpretation of section 3136 of the Civil Code of Quebec (“C.C.Q.”) governing the…

Too Little, Too Late: BC Court of Appeal Overturns Certification Decision for Deficient Pleadings

Canada - October 21 2022 In a decision that highlights the central role pleadings play at certification, the BC Court of Appeal has overturned a certification decision due to…

Hearsay evidence in certification applications: some basis in fact, or truth of its contents?

Canada - September 30 2022 Romero v The Meat Shop at Pine Haven, 2022 ABKB 621 (“Romero”), provides additional guidance on the admissibility of hearsay evidence in…

Lessons from TDAM’s victory in rare securities class action trial

Canada - September 2 2022 It is exceptionally rare for class actions to proceed to trial in Canada. There are many reasons why most certified class actions settle in advance…

Shutout for Hockey Class Action in Federal Court of Appeal

Canada - August 23 2022 On August 17, 2022, the Federal Court of Appeal dismissed class counsel’s appeal of Chief Justice Crampton’s decision at the Federal Court of Canada…

Administrative Dismissals under the Class Proceedings Act

Canada - August 12 2022 As we have previously written, in October 2020, a number of amendments under Ontario’s Class Proceedings Act [“CPA”] came into force. One of them…

Challenges to proposed class action settlements must be based on reasonableness or fairness

Canada - July 21 2022 In Larocque v Yahoo! Inc., 2022 SKQB 136, the Saskatchewan Court of Queen's Bench confirmed its jurisdiction to grant a permanent stay of a class…

Campbell: BC Supreme Court confirms there is no tort of intrusion upon seclusion in BC, but still certifies a data breach action not certified in Ontario

Canada - July 8 2022 In the latest chapter in the evolving area of privacy class actions, the BC Supreme Court has concluded that the tort of intrusion upon seclusion…