Class Action Defence Class Action Defence

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...

No do-over for NAFTA arbitration: Ontario court refuses to set aside award for procedural unfairness or bias

A recent Ontario Superior Court decision affirms that the burden on a party asserting procedural unfairness is high.

What if you face a class action even though no one was harmed?

In a new trend, plaintiffs are launching proposed class actions even though no person has suffered any meaningful harm from the alleged wrongdoing.

Québec class actions: strong evidence required on the merits

A recent Superior Court of Québec judgment reminds plaintiffs of the need to present strong evidence of prohibited practices to obtain a favourable...

Ontario court refuses to exclude U.S. shareholders from class: the ‘day of reckoning’ had not yet dawned

The Ontario Superior Court certified a global class in a securities class action against a Toronto-based company, even though U.S. shareholders who...

Ontario Court of Appeal provides corrective guidance on anti-SLAPP motions

In its recent decision in Park Lawn Corporation v. Kahu Capital Partners Ltd., the Court of Appeal for Ontario addressed the current practice around...