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 […]
Category Archives: Class Action
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, […]
Business Interruption Litigation Begins in Earnest
We have previously written about the impact of ongoing lockdowns and safety mandates due to COVID-19, and the impact they’ve had on businesses throughout the country. Soon after the pandemic began, in April 2020, we discussed the concept of business interruption insurance and its potential applicability to the situation at hand. In the months since, […]
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 […]
Companies Look to Business Interruption Insurance to Recoup Pandemic Losses
The Covid-19 pandemic has triggered financial hardship as businesses have reduced operations and suffered financial losses. As a result, some businesses have turned to their insurance policies to determine if they might recover losses accrued during the pandemic. Companies are particularly looking at business interruption coverage in response to government-mandated shutdowns. Whether insurers will be […]
Data Exclusion Clause Limits Insurance Coverage for Cyber Matters
As privacy and cybersecurity concerns grow in significance, digital breaches are a growing area of legal risk. A recent decision of the Ontario Court of Appeal made clear that traditional insurance policies may not extend coverage for cyber matters, potentially leaving businesses vulnerable. On March 15, 2021, the Court released its decision in Family and […]
Waiver of Tort as a Cause of Action or the Remedy for Disgorgement?
There has been an ongoing controversy in Canada’s courts over whether the doctrine of ‘waiver of tort’ was sufficient to create a cause of action on its own. The Supreme Court of Canada (SCC) had briefly considered the issue in Pro-Sys Consultants Ltd. v Microsoft Corporation, however, this decision did not end the debate, since […]