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Bennett Jones LLP

What Class Action Settlement Costs Will A Defendant’s Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

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In Tokio Marine & Nichido Fire Insurance v Honda Canada, 2025 ONSC 2856, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not...more

Bennett Jones LLP

Ontario Court of Appeal Holds That a Claim is Limitations-Barred for an Entire Class

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In Fehr v Sun Life Assurance Company of Canada, 2024 ONCA 847 (Fehr), the Ontario Court of Appeal dismissed the representative plaintiffs’ appeal seeking post-certification leave to amend their statement of claim and to...more

Bennett Jones LLP

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

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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

Bennett Jones LLP

A Clarified Approach to Pure Economic Loss Claims

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In November 2020, the Supreme Court of Canada released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc. This is an important decision clarifying the analytical approach to the duty of care analysis in negligence...more

Bennett Jones LLP

A Look at COVID-19 Class Actions in Canada

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The COVID-19 pandemic upended the class actions landscape in 2020, with over 30 COVID-19 related class actions launched in Canada since the pandemic took hold in March. While that number pales in comparison to the hundreds of...more

Dickinson Wright

Atlantic Lottery Corporation Inc. v. Babstock: A Resounding Success at the Supreme Court of Canada for Dickinson Wright LLP

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In a close 5 to 4 decision of the Supreme Court of Canada, Michael D. Lipton, Q.C. and Kevin J. Weber emerged on July 24, 2020 as part of the successful side in the case of Atlantic Lottery Corporation Inc. v. Babstock....more

Faegre Drinker Biddle & Reath LLP

No Damages? No Tort, Says the Supreme Court of Canada

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Consider this: What if plaintiffs could assert a cause of action for negligence without proving, or even pleading, any actual damages? And what if the remedy for this damage-free tort claim were disgorgement of profits...more

Bennett Jones LLP

COVID-19 Class Actions Weekly Round-Up - May 2020 #2

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The wave of COVID-related claims against long-term care facilities and insurers shows no signs of breaking anytime soon. The past week has also seen several novel claims launched against test manufacturers and governments....more

Bennett Jones LLP

Ontario Court of Appeal Certifies Class Action Against Sun Life

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On September 5, 2018, the Ontario Court of Appeal released its decision in Fehr v. Sun Life Assurance Company of Canada, overturning certain parts of the motion judge’s decision and certifying a class action against Sun Life...more

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