Information About Canadian Class Actions Monitor
"Canadian Class Actions Monitor provides McCarthy Tetrault's views on class actions across Canada in sectors including securities, financial services, product liability, competition, healthcare and other areas of business. It also comments on the impact of class actions on Canadian businesses and the legal landscape, and shares our insights on specific class actions in Canada, related developments and cross-border influences."
Below is a preview of the five most recent posts from the blog Canadian Class Actions Monitor. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Class action waiver clauses and arbitration clauses: factors courts consider
Canadian courts continue to rule on the enforceability of class action waiver clauses and arbitration clauses following Heller (summarized here). In brief, a class action waiver clause requires parties to litigate disputes individually basis. An arbitration clause requires parties to arbitrate inste … Read more »
- Ontario Court Clarifies the Law on Privilege Over Internal Corporate Investigations, and Special Committee Reports
The Ontario Superior Court of Justice recently released a decision that will be welcomed by companies seeking to maintain privilege over the results of internal investigations.The decision in Vecchio Longo Consulting Services Inc. v. Aphria Inc., 2023 ONSC 6336 distills and clarifies the law in Onta … Read more »
- An important reminder from the Quebec Court of Appeal of the importance of causation in environmental class actions
On July 24, 2023, the Quebec Court of Appeal in Lalande c. Compagnie d’arrimage de Québec ltée, 2023 QCCA 973 dismissed the appeal from a decision of the Quebec Superior Court that had rejected a class action on the merits seeking compensation in relation to the presence of large amounts of dust nea … Read more »
- ABCA overturns ABQB’s decision in denying certification of action alleging abuse
In VLM v. Dominey Estate, 2023 ABCA 261, the Alberta Court of Appeal overturned the Alberta Court of King’s Bench in VLM v. Dominey, 2022 ABQB 299. The lower court denied certification of a proposed class action against the Alberta government and the Synod of the Diocese of Edmonton for the actions … Read more »
- Significant certification decision from the B.C. Supreme Court
Recent certification decisions have emphasized that bald allegations of wrongdoing and speculative claims will not be certified. Chief Justice Hinkson’s certification decision in O’Connor v. Canadian Pacific Railway Limited, 2023 BCSC 1371 is one installment in a line of cases examining the sufficie … Read more »