Craig Lockwood Craig Lockwood

The perils of evidentiary ‘Jenga towers’ in securities class actions

In a series of securities class action decisions issued in 2022, Ontario courts provided useful guidance on elements of the statutory cause of action...

Identifying the real intruder – ONCA defines the scope of the tort of intrusion upon seclusion

The Court of Appeal for Ontario assesses the use of the tort of intrusion upon seclusion relating to personal information in the context of a...

Recalls can be preferable to class action proceedings

In Coles v. FCA Canada Inc., 2022 ONSC 5575, the Court recently denied certification of a proposed product liability class action on the basis that...

The Ontario Divisional Court’s preferred approach to the preferable procedure analysis

In Curtis v. Medcan Health Management Inc., 2022 ONSC 5176 (Curtis), the Divisional Court overturned the Ontario Superior Court’s dismissal of...

What’s new with the OSC?

Significant changes are underway at the Ontario Securities Commission, reflecting certain recommendations of the province’s Capital Markets...

Weeding out unmeritorious class actions early: section 4.1 of the amended Class Proceedings Act, 1992 comes to the rescue

A recent Ontario Superior Court of Justice decision is the first to interpret section 4.1 of the amended Class Proceedings Act, 1992 regarding the...

A minefield of risk? Ontario court grants leave and certifies class for secondary market misrepresentation action

 A recent Ontario Superior Court of Justice decision certified a proposed global class after finding the defendant did not sufficiently disclose...