Class Action Defence Class Action Defence

Ontario court decertifies class action because representative plaintiff’s post-certification conduct showed he was unsuitable

Can a class action continue if the only available representative plaintiff is not suitable for the role? In Azar v. Strada Crush Limited, Justice...

Exxon wins first climate change disclosure securities fraud case

On December 10, the New York Supreme Court released its decision in the ExxonMobil securities fraud case. The New York Attorney General had alleged...

Ontario introduces significant changes to class actions

On December 9, 2019, the Ontario government introduced amendments to Ontario class action legislation that will make it easier for courts and...

Court provides roadmap for seeking administrative law remedies and damages in one class proceeding

Challenging public authorities in courts can be … challenging. Apart from institutional advantages and formidable defences enjoyed by public...

Listing in the REIN: Cruel and unusual punishment under the Charter?

Does the automatic listing in the Register of enterprises ineligible for public contracts constitute cruel and unusual punishment within the meaning...

“Controversial” changes to Ontario class actions law recommended by Commission

After two years of review, the Law Commission of Ontario has recommended wide-ranging changes to Ontario’s class actions regime. In its report...

Court of Appeal holds that class members similar to regular parties, cannot hide identity

In Amyotrophic Lateral Sclerosis Society of Essex County v Windsor (City), the Court of Appeal for Ontario held that the deemed undertaking rule...

Supreme Court to hear arguments about enforceability of arbitration clauses

The Supreme Court granted leave to appeal in Uber Technologies Inc., et al. v. David Heller. At issue is an arbitration clause in the Uber driver...

Wellman v. TELUS: Supreme Court emphasizes enforceability of arbitration provisions

In its 5-4 decision in Wellman v. Telus, the SCC confirmed the enforceability of arbitration provisions in the context of business (i.e.,...