Class Action Defence Class Action Defence

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’

B.C. has filed a proposed national class action against manufacturers of perfluoroalkyl and polyfluoroalkyl substances (PFAS).

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...

Skip the arbitration: mandatory arbitration clause in standard-form contract found unconscionable

In Pokornik v. SkipTheDishes Restaurant Services Inc, the Manitoba Court of Appeal has held that the arbitration clause in a standard form...

Del Giudice dismissed: Court of Appeal shows how the certification ‘cause of action’ component can be used to end meritless claims

In a recent decision, the Court of Appeal for Ontario reaffirmed that the cause of action component of the certification test is intended to be a...

‘Phoenix’ litigation: can a class action dismissed for delay be resurrected?

A growing number of proposed class actions have been dismissed for delay since a new provision of the Ontario Class Proceedings Act was introduced in...

ESG and shareholder activism: key tips for issuers

Shareholder activism is on the rise in Canada. Investors are closely monitoring environmental, social and governance (ESG) related disclosure,...

Court of Appeal addresses class action pleading standard for a breach of fiduciary duty claim

A recent Court of Appeal for Ontario finding demonstrates why the pleadings requirement of a class certification test can be a difficult standard to...