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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more

Supreme Court Approves Constitutionality of Multi-Crown Class Action

The Supreme Court of Canada (SCC) has endorsed the constitutionality of British Columbia (BC) legislation empowering the province to seek recovery of opioid epidemic healthcare costs in a proposed class action brought on...more

BC Court of Appeal Confirms that the Duty of Honest Performance Does Not Extend to Pre-Contractual Dishonesty

In Ocean Pacific Hotels Ltd. v Lee, 2025 BCCA 57, the Court of Appeal for British Columbia confirmed that the duty of honest performance in contract does not extend to pre-contractual negotiations....more

Supreme Court of Canada Endorses Comity in Class Proceedings in Response to the Opioid Epidemic

A national class action on behalf of multiple Canadian governments to recover opioid epidemic healthcare costs simplifies the aggregation, prosecution, and determination of claims that span geographic boundaries. That is what...more

Mixed Success at The B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action

While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in...more

B.C. Court of Appeal Finds that Allegedly Reckless Database Custodians may be Liable for "Wilful Violations" of Privacy Under the...

In a pair of decisions released on July 5, 2024, the B.C. Court of Appeal found that an alleged reckless failure to safeguard personal information may be sufficient to make out Privacy Act claims of "wilful violation" of...more

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