Class Action Defence Class Action Defence

Ontario court finds representative proceeding to be time-barred despite being commenced within the limitation period

In Caetano v Quality Meat Packers, 2017 ONSC 1199, Justice Belobaba of the Ontario Superior Court recently had opportunity to consider whether two...

Converting an individual action to a class proceeding

In a recent decision from the British Columbia Supreme Court, the Court considered an issue of first impression in that province; i.e., whether an...

Court Approves US-Style Group Claim for Hate Speech

An Ontario court has found that while a class action for defamation and injury cannot be brought against individuals for promoting hate speech at the...

Preparing for CASL’s private right of action

Learn about the implications of the private right of action provision and how your business can prepare.

Alberta Court of Appeal affirms finality of class action settlements

The Alberta Court of Appeal recently affirmed the fundamental importance of finality in class actions, particularly the finality of settlement...

Court of Appeal upholds decision to put the brakes on the preferability of class actions

In upholding a decision of the Supreme Court of British Columbia denying certification, the British Columbia Court of Appeal in Vaugeois v. Budget...

Are Authorization and Preliminary Hearings Still Relevant in Québec?

The Québec class action landscape has seen shifting trends lately regarding authorization and preliminary motions. Although the Québec Court of...

Recent Decision Increases Class Action Risk for Companies that Utilize Pre-Installed Software and Adware

In modern commerce, it is quite common for manufacturers and service providers to pre-install software on a consumer’s computer and mobile...

Saskatchewan Court of Appeal clarifies the role of out of province representative plaintiffs

In Ammazzini v Anglo American PLC, 2016 SKCA 164, the Saskatchewan Court of Appeal clarified the rights of an out of province representative...

When can a defendant appeal from the authorization of a class action? The Québec Court of Appeal rules

The new Code of Civil Procedure, in force since January 1^st, 2016, brought important changes to the class action regime. By the...