In a rare move, the Court of Appeal of Québec has confirmed the dismissal of an application to authorize a class action. The Court of Appeal’s reasons in this case are sure to attract the attention of practitioners and their clients alike ..read more

The Court of Appeal for Ontario assesses the use of the tort of intrusion upon seclusion relating to personal information in the context of a cyberattack ..read more

A recent Manitoba court decision illustrates that courts will permit class actions to proceed in the face of “after the fact” arbitration clauses if those clauses are unconscionable ..read more

No special treatment: CCAA Court extends  stay of proceedings despite an attempt by the applicants in a securities class action to limit its scope ..read more

Curtis v. Medcan Health Management Inc ., 2022 ONSC 5176 (Curtis), the Divisional Court overturned the Ontario Superior Court’s dismissal of the plaintiffs’ certification motion and certified the appellants’ class action. The Divisional Court interfered with the certification judge’s decision on the grounds that he erred in assessing the “preferable procedure” criterion under s. 5(1)(d) of the , S.O. 1992, c. 6 (the CPA ..read more

A claimant’s failure to prove standing as a British Columbia resident under section 2(1) of the , RSBC 1996, c. 50 (CPA), can result in the certification application being struck by the Court. The British Columbia Supreme Court recently considered this issue in MM Fund v. Excelsior Mining Corp ..read more

Last month, the Court of Queen’s Bench for Saskatchewan denied class certification in the Cambridge Analytica class action. In their blog, Osler’s Mark Gelowitz, Robert Carson, Lauren Harper detail why the motion failed and explain the important screening role of the certification process ..read more

Class action waivers can help companies mitigate their risk, but their value in certain situations can be ambiguous. In their latest Update, Osler’s Sonia Bjorkquist and Stephen Armstrong review recent Canadian court decisions on the enforceability of class action waivers ..read more

The battle between the ride-sharing company Uber and its Drivers continues, and continues to inform Canadian law ..read more

A recent Ontario Superior Court of Justice decision is the first to interpret section 4.1 of the amended regarding the sequencing of dispositive motions. In their latest for the Canadian Class Action Defence Blog, Osler’s Craig Lockwood and Bushra Nassab write that the decision provides helpful guidance for defendants dealing with unmeritorious class actions at a preliminary stage ..read more