In Pelton v Maytag, 2024 ONSC 3016 (“Pelton”) the Ontario Superior Court of Justice (the “Court”) ruled that the defendant manufacturers were not liable for failing to warn consumers that the product could fail because of a...more
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 a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more
12/7/2022
/ Appeals ,
Canada ,
Class Action ,
Cyber Attacks ,
Data Breach ,
Intrusion Upon Seclusion ,
Liability ,
Negligence ,
Ontario ,
Personal Information ,
Privacy Torts ,
Statutory Interpretation ,
Third-Party Liability
In Johnson v. Ontario, the Ontario Court of Appeal (the “Court”) allowed for the extension of time within which the appellant could opt out of a class action. In doing so, the Court provided welcome appellate guidance on the...more
11/9/2022
/ Appeals ,
Canada ,
Canadian Charter of Rights and Freedoms ,
Class Action ,
Damages ,
Deadlines ,
Negligence ,
Ontario ,
Opt-Outs ,
Prejudice ,
State and Local Government
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