Kevin O’Brien Kevin O’Brien

No compensable loss, no class action: repair program defeats certification motion

Evidence of compensable loss is a fundamental prerequisite for a class action. An Ontario court recently applied that principle to deny certification...

Supreme Court rearticulates test under Ontario “anti-SLAPP” legislation

On September 10, 2020, the Supreme Court of Canada released a pair of highly anticipated decisions on two appeals addressing the test to be applied...

Court of Appeal opens door for negligence claims against investment funds

In its recent securities class action decision in Wright v. Horizons ETFS Management (Canada) Inc., 2020 ONCA 337, the Court of Appeal for Ontario...

Court of Appeal clarifies application of 60 day time limit for hearing Anti-SLAPP motions

In its recent decision in Amorosi v. Barker, 2020 ONCA 144 (“Amorosi”), the Court of Appeal for Ontario clarified how the 60 day time...

Law Commission of Ontario recommends sweeping changes to law of defamation to address challenges of internet age

On March 12, 2020, the Law Commission of Ontario (LCO) released its long-awaited final report on Defamation Law in the Internet Age (along with...

Yukon Court of Appeal upholds transaction value in dissent decision

In Carlock v. ExxonMobil Canada Holdings ULC, 2020 YKCA 4, the Court of Appeal of Yukon found that the negotiated deal price was the fair value of...

Court certifies common issue based in novel statistical methodology of proof

In Levac v. James, 2019 ONSC 5092, the Ontario Superior Court of Justice agreed to expand the common issues in a medical negligence class action to...

CBC lawsuit against CPC raises questions about use of copyrighted media content in partisan election advertisements

The CBC has commenced a court proceeding against the Conservative Party of Canada (“the CPC”) and others alleging that their unauthorized...

Blockchain company and CEO to pay over $1M for misleading investors

The OSC has approved a settlement agreement with NextBlock Global Limited and its founder and CEO, Alex Tapscott, in connection with misleading...

Court of Appeal dismisses appeal in beer price class action citing regulated conduct defence

On April 17, 2019, the Court of Appeal for Ontario released its decision in Hughes v Liquor Control Board of Ontario, 2019 ONCA 305, dismissing the...