Class Action Defence Class Action Defence

Court of Appeal opens door for negligence claims against investment funds

In its recent securities class action decision in Wright v. Horizons ETFS Management (Canada) Inc., 2020 ONCA 337, the Court of Appeal for Ontario...

Expert’s generic opinion doesn’t cut it: appellate court denies certification in cannabis class action

To certify a product liability or toxic substance class action, a plaintiff must provide some evidence of a workable methodology for proving that the...

COVID-19 class actions: Cautionary reminders from south of the border

Canadian companies have faced an unprecedented last few months in the wake of the COVID-19 pandemic and the subsequent measures to contain its...

Class action dismissed against the REM: Limits on obligations owed to public transit users

Recently, in Barré v. CDPQ Infra Inc., the Quebec Superior Court dismissed an application for authorization to institute a class action relating to...

Supreme Court of Canada opens door to liability for alleged human rights abuses abroad

On February 28, 2020, a five-justice majority of the Supreme Court of Canada ruled that Canadian corporations can be sued in Canada for breaches of...

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...