Canadian Class Action Defence Blog Canadian Class Action Defence Blog

Sixteen years later, proposed class action dismissed for delay

Class actions in Canada routinely lie dormant for years. In Smith v. Armstrong et al. (Smith), the Ontario Superior Court of Justice made clear that...

Canadian Bar Association focuses on multijurisdictional class actions in revised judicial protocol

At its annual meeting on February 15, the Canadian Bar Association (“CBA”) passed a resolution approving a revised “Canadian...

Changes to Montreal’s class action division shows move toward harmonization with Ontario procedure

Earlier this year, the Superior Court of Quebec Chief Justice Jacques Fournier and Justice Pierre-C. Gagnon announced changes to the class action...

Peace of mind may not be priceless: Québec Court of Appeal authorizes extended warranty class action claiming exploitation of the consumer

On March 22, 2018, the Québec Court of Appeal rendered judgment in the matter of Union des consommateurs c Magasins Best Buy Ltée (the “Best...

BC Supreme Court orders summary trial to proceed before certification

In Li v British Columbia, the British Columbia Supreme Court directed that a summary trial application proceed before the certification hearing. In...

Wellman v. TELUS: Supreme Court grants leave to appeal

On March 22, 2018, the Supreme Court of Canada granted leave to appeal the Ontario Court of Appeal’s decision in Wellman v. TELUS. The Supreme...

Québec Beekeepers’ class action is authorized

On February 20, 2018, the Québec Superior Court granted an application on behalf of the beekeepers of Québec for authorization to institute a class...

Intrusion upon seclusion may exist in federal law

We have previously commented on the growing number of privacy class actions in Canada over the past five years and the coinciding recognition by...

Defendants awarded costs in successfully resisting motion to join

In its recent decision in Mancinelli v Royal Bank of Canada,  2018 ONSC 797, the Ontario Superior Court of Justice awarded costs on a partial...

Arbitration agreement prevails: Ontario court stays Uber driver’s proposed class action for employment benefits

When an arbitration agreement and a putative class action collide, the general rule is that the arbitration agreement will prevail. In Heller v...