In some contexts, the relationship between an investment advisor and their client may be fiduciary in nature. In that case, damage suffered by a client may lead to a claim against the advisor for breach of fiduciary duty. Where a group of clients suffers damage due to such a breach, it may give rise to […]
Category Archives: Class Action
Court Grants Carriage of a Proposed Class Action Against Canopy Growth
Corporate commercial litigation has commenced against cannabis company Canopy Growth in relation to its Biosteel sports drink subsidiary. “Material misstatements” and financial problems in this division have been reported in business media. A carriage motion in Dziedziejko v. Canopy Growth Corporation recently reached the Ontario Superior Court of Justice as law firms battled to represent […]
Punitive Damages in the Consumer Protection Context
Damages are usually awarded by a court as a form of compensation for harm or loss suffered by the successful plaintiff; however, a court will occasionally award damages that serve a different purpose. Punitive damages, for example, are sometimes awarded not to compensate the plaintiff but to punish the wrongdoer and deter others from engaging […]
Class Action Defence: A Review
Class actions have become a popular mechanism for pursuing legal claims on behalf of a large group of individuals similarly affected by a particular issue. In Ontario, class actions have been recognized as a valuable tool for ensuring access to justice for those who might not otherwise be able to pursue legal action on their […]
Ontario Sees First Dismissal for Delay Under Amended Class Proceedings Act
In October 2020, a number of changes to Ontario’s Class Proceedings Act came into effect. The changes had originally been proposed under Bill 161: Smarter and Stronger Justice Act, 2020, which received royal assent in July 2020. According to Attorney General Doug Downey, the stated goal of Bill 161 was to modernize and simplify the […]
Denying Approval of a Proposed Class Action Settlement
Class action proceedings, in which a representative plaintiff to bring a claim on behalf of a larger group (the “class”), are intended to improve access to justice. For example, it may be challenging for one person to find the time and resources needed to start a legal claim to obtain compensation for their losses. However, […]
Court Certifies Class Action Against Uber
We have been watching the progress of the proposed class action proceeding between ‘gig economy’ drivers and Uber, an international ride share and food delivery service. To date, the litigation has primarily focused on whether the action could proceed in Canada, or if the drivers would be required to take the dispute to mandatory arbitration […]
Intrusion Upon Seclusion & Third-Party Data Breaches
Data breaches have been making headlines in Canada for a few years, and millions of people have had their data exposed to potential bad actors through breaches of various company databases, from medical labs to telecom companies. Lifelabs, a national lab that performs medical tests on patients across Canada, had its database breached in 2019. […]
Cannabis Company Facing Class Action & Fraud Charges
One of the benefits of incorporating a business is the corporation becomes an entity unto itself, meaning the officers and directors are generally shielded from personal liability should something go wrong. However, this isn’t always the case, depending on the specific issue. As demonstrated by the ongoing trials and tribulations faced by an Ontario-based cannabis […]
Security for Costs and Class Action Proceedings
Security for costs is commonly requested in litigation matters, particularly before proceeding to an appeal. If the defendant in a matter has been awarded costs at a previous step in the litigation process that remain largely unpaid, they are permitted to request an order that the plaintiff must post security for the amount owed before […]