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 […]
Category Archives: Class Action
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 […]
Mandatory Stay of Bad Faith Cases Against the Crown is Unconstitutional
When the province introduced the Crown Liability and Proceedings Act, 2019, it was met with criticism from some legal experts and organizations that claimed the legislation would severely restrict access to justice in the province. At the time the proposed legislation was announced, the Law Commission of Ontario was nearing the completion of an in-depth […]
What You Need to Know About Flood Risk & Property Insurance in Ontario
Although temperatures in Ontario are still largely in the freezing range, we have already begun to see flooding when temperatures rise above zero, bringing significant rain and/or melting snow. Some neighbourhoods have had to be completely evacuated as rising waters have severely damaged homes and businesses, rendering some buildings unsafe or uninhabitable. With spring approaching, […]
How Insurance Could Play a Key Role in the Canadian Convoy Protests
The ongoing protests in Ottawa and at the Ambassador Bridge border crossing in Windsor have been making headlines for weeks since they began in January. Since then, a number of legal issues have arisen, including how insurance could play a key role. On February 14, the government of Canada announced that it would be invoking […]
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, […]
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. […]