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Fintech in Canada Q3 2024

CSA Extends Deadline to Delist Stablecoins  - The Canadian Securities Administrators (CSA) has once again extended the deadline for registered crypto-trading platforms to address trading in value referenced crypto assets...more

Class Actions: Looking Forward 2024

In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more

Statutory Amendments to Certification Test: Banman v Ontario, 2023 ONSC 6187

Approximately four years have passed since the new amendments to Ontario’s Class Proceedings Act, 1992 came into force. One of the most significant amendments was the addition of subsection 5(1.1) to the preferable procedure...more

Ontario Superior Court Refuses to Enforce Crypto Giant’s "All-but-inaccessible" Arbitration Clause

In Lochan v Binance Holdings Limited, 2023 ONSC 6714 (Binance), the Ontario Superior Court dismissed a motion brought by Binance Holdings Limited (Binance), the world’s largest crypto trading platform, to stay a proposed...more

The Supreme Court of Canada Recognizes Privacy Rights in IP Addresses

In a first-of-its-kind decision, R. v. Bykovets, 2024 SCC 6 (Bykovets), the Supreme Court of Canada has adopted a broad view of internet privacy—at least in the criminal and public authority context—finding that internet...more

The Lack of Present Injuries and Reliable Scientific Evidence Proves Fatal in North American Pharmaceutical

After reports were made regarding the presence of nitrosamines in certain pharmaceutical products in 2018 and 2019, and subsequent precautionary regulatory action was taken, an avalanche of litigation commenced in Canada and...more

Class Actions: Looking Forward 2023

We begin with an update on a trilogy of privacy class actions appeals in which plaintiffs sought, unsuccessfully, to expand the tort of intrusion upon seclusion. Next, we canvass the various approaches of Ontario courts...more

The Ontario Court of Appeal Upholds the Use of “Powerful” Epidemiological Data to Infer Causation in the Absence of Scientific...

The Court of Appeal for Ontario in Levac v James, 2023 ONCA 73 [Levac] has unanimously upheld a trial judgment in a common issues trial regarding an infectious disease outbreak in respect of which the allegedly negligent...more

Ontario Court Refuses to Certify Class Proceeding Relating to Newly-Prohibited Conduct Without "Some Evidence of Illegality"

In Frayce v. BMO Investor Line Inc. et al, 2023 ONSC 16 [Frayce], the Ontario Superior of Justice refused to certify a class proceeding brought by aggrieved investors to address the controversial practice of "trailing...more

Canadian Municipalities Increasingly Support Climate Change Litigation Against Oil and Gas Companies

Vancouver City Council recently passed a motion to fund a proposed class action against various oil and gas companies to recover costs associated with climate change....more

Ontario Superior Court Limits Potential Class Action Entitlement for Pure Economic Loss

While the effects of the Supreme Court of Canada's decision in 1688782 Ontario Inc v Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf], begin to reverberate in the decisions of lower courts, Justice Paul Perell's certification...more

The Latest on Pre-Certification Stays in Multijurisdictional Class Actions

Britton v Ford Motor Company of Canada - A recent decision of the Alberta Court of Queen's Bench addresses the challenges of considering a pre-certification application to stay a class action when the decision may impact...more

2/9/2021  /  Canada , Class Action , Ford Motor

Ontario’s Revamped Class Proceedings Landscape to Begin Taking Shape

Looking Forward: Class Actions in 2021 - For the first time in 25 years, substantive amendments have been made to Ontario's Class Proceedings Act, 1992 (CPA). These changes apply to any class action started on or after...more

Supreme Court Reaffirms Low Bar for Authorizing Class Actions in Québec

On October 30, 2020, a six-judge majority of the Supreme Court of Canada confirmed, in Asselin v Desjardins Cabinet de services financiers inc, 2020 SCC 30, that a class action concerning allegedly misleading investment...more

COVID-19 Class Actions Weekly Round-Up - May 2020 #4

The class actions landscape remains active, particularly in the United States, as some businesses re-open and a semblance of some degree of normalcy returns to certain pockets of North America. In the last two weeks, we have...more

COVID-19 Class Actions Weekly Round-Up - April 2020 #4

While some provincial and state governments roll out their plans for phased re-openings of their economies, the COVID-class action landscape continues to evolve. This past week saw a torrent of class actions tackling...more

Looking Forward Class Actions in 2019

For the last six years, the Bennett Jones Class Actions Practice Group has published an annual year-in-review: our attempt to recap some highlights in class action litigation over the last year and make some soft predictions...more

Looking Forward: Canadian Class Actions in 2018

The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the...more

Certification an Even Lower Bar Against Lawyers

The decision of the Ontario Court of Appeal in Hodge v Neinstein, 2017 ONCA 494 [Hodge], released on June 15, 2017, was surprising with respect to its treatment of the balance between common and individual issues in a class...more

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