The Court of Appeal recently affirmed a decision certifying a class proceeding against Federal Express Canada Corporation, FedEx Ground Package System, Inc., and FedEx Ground Package System, Ltd. (collectively, “FedEx”) in Robson v. Federal Express Canada Corporation. This blog post reviews the basis on which the Court of Appeal affirmed the certification. Alleged Hidden Brokerage […]
Category Archives: Class Action
Stay of Proposed Class Proceeding Against Uber Canada Inc. Affirmed By Federal Court of Appeal
It is common for contracts made over the internet or via apps to include clauses requiring that any disputes arising under the contract be referred to arbitration. The enforceability of such clauses thus often comes into play when a plaintiff wishes to litigate the matter in court. The recent case of Lin v. Uber Canada […]
Supreme Court of Canada Considers Definition of “Material Change” in Securities Act
We previously wrote about a decision of the Court of Appeal that concerned the meaning of the phrase “material change” as found in the Securities Act. The case involved a plaintiff’s claim that the defendant company had failed to satisfy its statutory obligation to disclose “forthwith” a “material change” in its affairs. The case was […]
Court Considers Appeal of Binance Class Action Certification
We previously wrote about the certification of a class action brought on behalf of Canadian investors against an asset trading platform operated by Binance Holdings Limited and its Canadian subsidiaries, Binance Canada Capital Markets Inc. and Binance Canada Holdings Ltd. (collectively, “Binance”). Binance appealed the certification, and the Court of Appeal recently released its decision […]
Class Action Trends in Ontario: An Evolving Landscape
In today’s litigious environment, class action lawsuits have become a prominent feature of the Canadian legal system, posing a significant threat to businesses operating in Ontario. These proceedings not only carry the potential for substantial financial penalties but also pose significant reputational risks and can disrupt business operations. This article examines rising trends in class […]
Cost Consequences of Offers to Settle
In litigation, the unsuccessful party must generally pay some of the other party’s legal costs. The amount payable and by whom is typically within a court’s discretion under section 131 of the Courts of Justice Act. The general rules governing the determination of those costs are set out in Rule 57 of the Rules of […]
Court Certifies Class Action Proceeding Against Trading Platform Binance
We have previously written about the cryptocurrency asset trading platform Binance, which is the subject of an Ontario Securities Commission investigation. A certification motion was recently brought against the Binance group of companies on behalf of purchasers of “cryptocurrency derivative products.” In Lochan v. Binance Holdings Limited, the Superior Court of Justice approved class action […]
Class Action Against Capital One and Amazon Web Services Dismissed by the Court of Appeal
In the past, we have written about third-party data breaches and the tort of intrusion upon seclusion. The application of that tort in the context of such breaches has repeatedly come before the Court of Appeal in recent years, most recently in Del Giudice v. Thompson. That case outlines some key principles concerning class actions […]
Court Maintains Mareva Injunction in Context of NFT Litigation
We have previously written about the requirements that must be met by a party seeking a particular type of injunction known as a “Mareva injunction.” This is a court order that prohibits dissipation of a defendant’s assets. The issue recently arose in a proposed class action involving allegations of fraud and fraudulent misrepresentations in the […]
Court Approves Settlement of Class Action Against The Toronto-Dominion Bank
We have previously written about court decisions that related to settlement of class actions, but the recent case of Dufault v. The Toronto-Dominion Bank provides additional guidance on when a court is likely to approve a proposed settlement. Class Action Relates to NSF Fees Allegedly Charged By TD Bank The class action in Dufault related […]