Class Action Defence Class Action Defence

Product liability: tipping the scales against industry

Product liability in Canada is evolving, with increasing government intervention likely in 2025 and beyond.

Arbitrator’s objective duty to disclose under UNCITRAL Model Law does not require consideration of parties’ subjective expectations

Parties should take care in choosing a legal regime to govern arbitration in their agreements.

Lack of commonality defeats investor class action alleging breach of fiduciary duty

An Ontario decision highlights the individual inquiries that often exist in proposed class actions involving investors and investment decisions.

Refund programs as a defence against class action authorizations: an update by the Québec Court of Appeal

Recent years have seen a rise in refund programs in Québec, which are sometimes used as a proactive, strategic defence against class actions.

Settlement surprise: Québec courts reject class action settlements

In recent months, Québec courts have demonstrated a rigorous approach to the approval of class action settlements, underscoring their commitment to...

SCC affirms limited government immunity for enacting Charter-violating legislation

Governments may be liable for damages where legislation was clearly unconstitutional when enacted or enacted in bad faith or as an abuse of power.

B.C.’s forever litigation: first tobacco, then opioids, now ‘forever chemicals’

On June 21, 2024, the B.C. government filed a proposed national class action in the Supreme Court of British Columbia against manufacturers of...

Trends in shareholder activism

In this episode of the podcast, guest host Teresa Tomchak, a partner in the litigation group at Osler, and David Salmon, President of Laurel Hill...

Court of Appeal upholds certification denial and dismissal of drug recall class action

A recent Court of Appeal for Ontario decision has affirmed the denial of certification and dismissal of a proposed class action arising from the 2018...

No longer just tobacco and opioids: B.C. plans commencing more class actions to recover health care costs involving virtually any product

On March 14, 2024, the province of British Columbia proposed broad multi-government class action legislation to claim costs arising from...