2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more
1/23/2025
/ Appeals ,
Arbitration ,
Canada ,
Class Action ,
Class Members ,
Competition ,
Cryptocurrency ,
Digital Assets ,
Evidence ,
Litigation Strategies ,
Ontario ,
Rules of Civil Procedure ,
Securities Litigation
The Ontario Court of Appeal (the “Court”) in Lochan v. Binance Holdings Limited, 2024 ONCA 784, recently upheld a lower court decision dismissing a large cryptocurrency trading platform’s motion to stay a class proceeding in...more
On May 31, 2024, the Supreme Court of Canada released its highly anticipated decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20 (“Pine Valley”), clarifying how contracting parties can exclude...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