Information About Canadian Class Action Defence
Recent Posts
Below is a preview of the five most recent posts from the blog Canadian Class Action Defence. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Saskatchewan Court of Appeal confirms that “General Causation” need not be certified as a common issue in failure to warn class actions
In Bayer Inc v Tluchak Estate, the Saskatchewan Court of Queen’s Bench certified a class action involving the prescription anticoagulant rivaroxaban, which is marketed in Canada under the brand name Xarelto. The defendants (collectively, “Bayer”) sought leave to appeal, arguing that the Chambers jud … Read more »
- Court highlights value of first-settling defendant co-operation in “ice breaker” settlements
In a recent decision from the Ontario Superior Court of Justice, Di Filippo and Caron v. Bank of Nova Scotia et al, 2019 ONSC 3282 (Di Filippo), Justice Belobaba approved an “ice breaker” settlement in a price-fixing class action despite the “token” settlement amount — which represented less than 6% … Read more »
- “Controversial” changes to Ontario class actions law recommended by Commission
After two years of review, the Law Commission of Ontario (“LCO”) has recommended wide-ranging changes to Ontario’s class actions regime. In its report released on July 17, 2019, the LCO acknowledged that some of its recommendations would be “controversial”. The LCO prioritized issues with a systemic … Read more »
- Court of Appeal holds that class members similar to regular parties, cannot hide identity
In Amyotrophic Lateral Sclerosis Society of Essex County v Windsor (City), the Court of Appeal for Ontario held that the deemed undertaking rule (which prohibits parties from using information obtained in discovery for any purpose except the underlying litigation) did not apply to the names and numb … Read more »
- 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 appeals of the appellants whose proposed class action, brought against the Liquor Control Board of Ontario (“LCBO”), Brewers Retail Inc. (“The Beer Stor … Read more »