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
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
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
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
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
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
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
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
The onset of the COVID-19 pandemic has thrown the global economy and social framework into turmoil. The impacts of the pandemic will inevitably be reflected in class actions, with new COVID-related class proceedings having...more
On December 9, 2019, Attorney General Doug Downey tabled Bill 161, the Smarter and Stronger Justice Act, 2019 (Bill 161), in the Legislative Assembly of Ontario. Bill 161 introduces a comprehensive overhaul to regulations on...more
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
In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more
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
1/11/2018
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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