In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more
4/9/2024
/ Anticompetitive Behavior ,
Canada ,
Cancer ,
Cause of Action Accrual ,
Class Action ,
Class Certification ,
Damages ,
Healthcare ,
Life Sciences ,
Negligence ,
Ontario ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Recalls ,
Statutory Violations ,
Teva Pharmaceuticals ,
Unjust Enrichment
In Banman v. Ontario (“Banman”), the Ontario Superior Court (the “Court”) considered the new preferable procedure criterion of the certification test under the amended Class Proceedings Act, 1992 (“CPA”) in certifying a...more
In Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89, the Federal Court of Appeal (the “Court”) upheld the lower court’s refusal to certify a proposed class action involving allegations that the defendants had breached...more
In Williams v. Audible, the Supreme Court of British Columbia (the “Court”) considered three applications in the context of a proposed conspiracy class action focused on exclusivity provisions in an agreement between Audible...more
8/26/2022
/ Apple ,
Canada ,
Class Certification ,
Competition ,
Competition Act ,
Contract Terms ,
e-Books ,
Exclusivity Clauses ,
iTunes ,
Putative Class Actions ,
Sales & Distribution Agreements ,
Statutory Violations ,
Supreme Court of British Columbia
In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more
6/30/2022
/ Advertising ,
Appeals ,
Canada ,
Class Action ,
Class Certification ,
Consumer Privacy Rights ,
Data Collection ,
Facebook ,
Forum Selection ,
Implied Consent ,
Motion to Amend ,
Online Advertisements ,
Privacy Acts ,
Right to Privacy ,
Social Media ,
Statutory Violations ,
Subject Matter Jurisdiction ,
Supreme Court of British Columbia ,
Terms of Use
In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more
4/22/2022
/ Canada ,
Class Action ,
Class Certification ,
Criminal Prosecution ,
Damages ,
Data Breach ,
Employee Misconduct ,
Health Care Providers ,
Healthcare ,
Intrusion Upon Seclusion ,
Invasion of Privacy ,
Negligence ,
Ontario ,
PHI ,
Recklessness ,
Tort
In Simpson v. Facebook, Inc., the Ontario Divisional Court upheld the dismissal of the plaintiff’s certification motion against Facebook in a proposed class action alleging that the personal data of Canadian Facebook users...more
3/17/2022
/ Appeals ,
Cambridge Analytica ,
Canada ,
Class Certification ,
Data Privacy ,
Data-Sharing ,
Facebook ,
Invasion of Privacy ,
Personal Data ,
Putative Class Actions ,
Regulatory Requirements ,
Terms of Use