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!
- Class action prevails over arbitration in Pokornik v. SkipTheDishes
When can parties unilaterally implement arbitration clauses “after the fact” to cover existing claims? Earlier this year, a class action was certified against Uber despite a late-breaking amendment to the underlying agreement that would have included an arbitration clause. In that case, the court le … Read more »
- Identifying the real intruder – ONCA defines the scope of the tort of intrusion upon seclusion
Overview The Court of Appeal for Ontario has confirmed that the tort of intrusion upon seclusion cannot be applied to companies collecting and storing personal information (Database Defendants) in the context of a cyberattack by a third-party hacker. Rather, the tort is meant to apply to those who a … Read more »
- 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 defendant’s established recall program was preferable to a class action. Coles joins a growing list of Ontario cases where courts have denied certif … Read more »
- No special treatment: Securities class action stayed by CCAA Court
Under the Companies’ Creditors Arrangement Act (CCAA),[1] Canadian courts have broad discretion to order, extend or lift stays of proceedings. In a recent decision,[2] the Superior Court of Québec extended an existing stay despite an attempt by the applicants in a securities class action to limit it … Read more »
- 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 the plaintiffs’ certification motion and certified the appellants’ class action. The Divisional Court interfered with the certification judge’s decision on t … Read more »