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!
- “Too Big to Certify”
In Kett v. Mitsubishi Materials Corporation, 2020 BCSC 1879, Justice Branch dismissed a certification application because the case was “too big to certify”. The case confirms that there are limits to the scale of class actions—while plaintiffs may create the appearance of commonality through abstrac … Read more »
- Class members ineligible for a settlement denied the right to appeal
In Hébert v. Wenham, 2020 FCA 186, over a quarter of the class was ineligible for a settlement approved by the Federal Court. Several ineligible class members sought leave to appeal. The Federal Court of Appeal held that (i) the appeal was doomed to fail because of the deference owed to the settleme … Read more »
- The Duty of Care for Pure Economic Loss: How Far Does it Extend? The Supreme Court Delivers its Judgment in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. et al.
Twelve years after the listeria outbreak at the heart of the case, the Supreme Court of Canada released a 5-4 decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. et al., 2020 SCC 35, on November 6, 2020, ruling in favour of the defendant Maple Leaf Foods Inc. This is a consequential decision o … Read more »
- Certification refused because plaintiffs offer no evidence of compensable harm after defendants repair vehicles
In Maginnis and Magnaye v. FCA Canada et al, 2020 ONSC 5462, the court refused to certify a class proceeding for the reason that there was no evidence that the plaintiffs had actually been harmed. A defendant was repairing the allegedly defective vehicles at issue and there was no evidence that the … Read more »
- Significant Changes to the Ontario Class Proceedings Act are now in force
Ontario’s Attorney General has now announced that the amendments to the Class Proceedings Act, 1992 (the “CPA”), as found in Bill 161, the Smarter and Stronger Justice Act, 2020, entered into force on October 1, 2020. The amended legislation can be found here. These significant changes to the CPA we … Read more »