Osler Guides

Class Actions in Canada

2012

Class Actions in Canada 2012 - The Year in Review and The Year Ahead

The bar and bench in Canada witnessed yet another brisk year of class action activity in 2012. In addition to the issuance of a number of new claims and settlements (including a landmark partial settlement in the Sino-Forest case), the year saw the release of important certification, trial and other rulings across Canada in cases related to securities, competition, product liability, franchise and employment class actions as well as class action practice in general. In a number of decisions, the courts reaffirmed that they will exercise an important gatekeeper function in the management of class proceedings, and in a number of trial rulings, the courts underscored that success at certification does not guarantee success on the merits. Furthermore, the Supreme Court heard argument relating to the evidentiary threshold for certification in three important certification appeals. These and other developments suggest that 2013 may be a tipping point for maturing class action jurisprudence in Canada.

Class Actions in Canada 2012 – The Year in Review and The Year Ahead contains a general review of recent cases and decisions as well as commentary and analysis on significant decisions in areas such as securities, competition, product liability, franchise and employment class actions, and important developments in Quebec.

We are pleased to share our observations and analysis of developments in 2012 with our clients and friends and to provide our thoughts on what 2013 might bring. Should you wish to discuss any of the topics addressed in this publication, please do not hesitate to contact any of our litigators.

We hope you enjoy Class Actions in Canada 2012 – The Year in Review and The Year Ahead.

Christopher Naudie 

Mary Paterson 

Sonia Bjorkquist 

Éric Préfontaine