Class Action Defence Class Action Defence

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...

The perils of evidentiary ‘Jenga towers’ in securities class actions

In a series of securities class action decisions issued in 2022, Ontario courts provided useful guidance on elements of the statutory cause of action...

The Superior Court of Québec denies certification of a proposed worldwide securities class action

Osler lawyers review a Québec court decision in which a proposed securities class action was solely based on a short seller report.

A delicate balancing act: certifying multi-jurisdictional class actions in British Columbia

Osler lawyers provide their analysis of the B.C. Court of Appeal’s recent decision of an appeal of an order certifying a multi-jurisdictional class...