Class Action Defence Class Action Defence

Ontario court reaffirms that compensable loss is a ‘fundamental prerequisite’ to certification of a class action

The Court denied certification to a proposed class action, finding that such a proceeding was not the preferable procedure.

Private right of access for relief from anti-competitive harm now in force in Canada

The new right of access under the Competition Act represents the broadest expansion of private enforcement of Canada’s competition laws in a...

Ontario’s civil rules revolution? Breaking down the key proposed reforms

A controversial overhaul of Ontario’s Rules of Civil Procedure has been recently proposed.

Authorized class action dismissed on the merits: a familiar outcome in Québec

A recent Québec judgment critically assessed the merits of a class action.

Class action against BMW hits a legal dead end

A Court of Appeal decision regarding a class action against BMW has significance for manufacturers and consumers alike.

Court of Appeal takes a purposive approach in affirming certification of a securities class action against a crypto asset trading platform

A recent decision provides insight into the approach Ontario courts are taking to securities class actions involving cryptocurrencies.

‘Defer no time, delays have dangerous ends’:  Ontario class actions beware

The Ontario Court of Appeal recently interpreted, for the first time, the new “dismissal for delay” provisions in the province’s Class...

Crowning a new kind of class: the Supreme Court of Canada finds B.C.’s multi-Crown class action is constitutional

We explore the decision and how it could pave the way for future interjurisdictional Crown cooperation and class action claims in the future.

Product liability: tipping the scales against industry

Product liability in Canada is evolving, with increasing government intervention likely in 2025 and beyond.

Arbitrator’s objective duty to disclose under UNCITRAL Model Law does not require consideration of parties’ subjective expectations

Parties should take care in choosing a legal regime to govern arbitration in their agreements.