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!
- Proposed Cannabis Class Action Goes Up in Smoke
In Badesha v. Cronos Group, 2021 ONSC 4346, the court refused to certify an action alleging securities misrepresentation because there was no reasonable possibility that the alleged misrepresentations caused any loss. The plaintiff argued that thousands of alleged misrepresentations in the defendant … Read more »
- Impleading Third Parties in Class Action Proceedings– Quebec Superior Court Allows Anticipated Recovery Action Against more than 150 Parties
On July 5, 2021, the Honorable Paul Mayer of the Quebec Superior Court allowed a defendant in a class action to implead nearly 150 third parties, including the Attorney General of Quebec in order to determine their liability regarding the allegations raised in the class action (known in Quebec civil … Read more »
- B.C. Supreme Court allows proposed class action challenging the Income Tax Act to proceed
In Scow v. The Attorney General of Canada, 2021 BCSC 1110, the Supreme Court of British Columbia held that it may have jurisdiction over a proposed class action seeking the repayment of income taxes. While Canada argued the claim fell within the exclusive jurisdiction of the Tax Court of Canada, the … Read more »
- Settlement of a class action: Beware of disparities in compensation between the representative plaintiff and other class members
In the recent decision Salazar Pasaje v. BMW Canada Inc., where the Court of Appeal denied leave to appeal, the Quebec Superior Court approved the settlement agreement between the parties, with the exception of the portion of the settlement relating to the individual claim of the plaintiff-class … Read more »
- Section 5(1)(a) still has teeth: the Divisional Court holds Crown immunity precludes certification
In Leroux v. Ontario, 2021 ONSC 2269 (“Leroux”), a majority of the Ontario Divisional Court overturned two decisions certifying claims in negligence against the Crown on the grounds that the negligence claims did not satisfy section 5(1)(a) of the Class Proceedings Act, 1992 (“CPA”); which … Read more »