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Québec Court of Appeal Finds That Employers May Be Liable for After-Hours Accidents

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In a recent decision impacting Québec employers and workers, the Court of Appeal of Québec clarified the scope of work-relatedness necessary for an injury to be compensable under the Act respecting industrial accidents and...more

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Judicial Review Notwithstanding the Charter’s “Notwithstanding” Clause? Yes, Says Saskatchewan’s Court of Appeal

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On August 11, 2025, the Court of Appeal for Saskatchewan (SKCA) released a major decision about section 33 of the Canadian Charter of Rights and Freedoms (Charter), which is colloquially referred to as the “notwithstanding”...more

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Ontario Court of Appeal Clarifies Path for Secondary Picketing Injunctions

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In Purolator Inc. v. Canadian Union of Postal Workers, 2025 ONCA 565, a split Court of Appeal for Ontario addressed whether a company that is not itself in a labour dispute must proceed under the specialized labour-injunction...more

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Class Action Grounded: Court Finds Insufficient Factual Basis for Airline Capacity Constraint Suit

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The Ontario Superior Court recently refused to certify a class action against four international airlines. The plaintiff alleged that the airlines conspired to constrain capacity for transborder travel between the United...more

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Two Federal Courts Temporarily Strike Down President Trump’s IEEPA Tariffs

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On May 28, 2025, the U.S. Court of International Trade (CIT) ruled that President Trump lacks authority under the International Emergency Economic Powers Act (IEEPA) to impose his most sweeping tariffs against U.S. trading...more

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La Cour d’appel de l’Ontario confirme l’autorisation d’une action collective contre une plateforme d’échange de cryptomonnaies

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Dans sa décision rendue récemment dans l’affaire Lochan v. Binance Holdings Limited (en anglais) (l’« affaire Binance »), la Cour d’appel de l’Ontario (la « CAO ») a confirmé l’autorisation d’une action collective intentée au...more

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Legal Uncertainty for Database Defendants? Appeal Courts Assess Privacy Causes of Action With Varying Outcomes

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The past year has introduced some uncertainty for institutional defendants facing privacy breach class actions in Canada. While Ontario’s Court of Appeal has been consistent in its approach to class actions against “database...more

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Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

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A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

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A Product Cannot Damage Itself: Ontario Court of Appeal Sets Aside Certification of Motor Vehicle Engine Class Action

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Damage to a product resulting from a defect within the product constitutes presumptively unrecoverable pure economic loss. That is the conclusion of the Ontario Court of Appeal in North v. Bayerische Motoren Werke AG, 2025...more

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Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

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In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

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Federal Court of Appeal Confirms CRA Can Collect Arrears Interest Despite Absence of a Tax Debt

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The Federal Court of Appeal (FCA) recently dismissed the Bank of Nova Scotia’s (BNS) appeal and upheld the Canada Revenue Agency’s (CRA) practice of charging arrears interest on a non-existent tax debt where audit adjustments...more

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Giving Meaning to Meaningful Consent: The Federal Court of Appeal’s Landmark Decision on Data Privacy

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In a recent ruling, Canada’s Federal Court of Appeal held that Facebook, Inc. (now Meta Platforms Inc.) breached its obligations under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) by sharing...more

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The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

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The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol...more

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Beyond All Hope: Alberta Court of Appeal Clarifies Test for Hopeless Amendments

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On February 28, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Remington Development Corporation v ENMAX Power Corporation 2022 ABCA 71, denying the plaintiff’s attempt to amend its pleadings on the basis...more

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COVID-19 and the Courts: What You Need to Know - Updated December 2021

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Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities...more

Perkins Coie

Blockchain Week in Review - August 2020 #2

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U.S. Developments - California Appellate Court Upholds Coinbase Summary Judgement - On August 10, California’s First Appellate Court sustained a summary judgment from a lower court in favor of Coinbase against plaintiff...more

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