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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

Court of Appeal Cuts Off Speculative Product Liability Claims

In 2024, Ontario’s highest court affirmed the principle that a certifiable tort claim requires a plaintiff to provide some basis in fact for a present, materialized injury that is “sufficiently serious.” A legally compensable...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

Certification Denied in Proposed Negligent Design Class Action Against Gun Manufacturer for Mass Shooting

The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion....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

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