As mentioned at the end of our last blog post, we are continuing the discussion of the recent Supreme Court of Canada decision 1688782 Ontario Inc. v. Maple Leaf Foods Inc, a class action by a group of franchisees against a supplier. The case dealt with a legal concept referred to as ‘pure economic loss’, […]
Category Archives: Class Action
The Duty of Care and Pure Economic Loss: Part 1
In a previous blog post, we outlined the issues in the case of 1688782 Ontario Inc. v. Maple Leaf Foods Inc, a class action by a group of franchisees against a supplier. The case dealt with a legal concept referred to as ‘pure economic loss’, meaning that the plaintiffs had clearly suffered a loss but […]
Class Proceedings and An Infinite Limitation Period
Limitation periods exist in litigation in order to facilitate a reasonable resolution to a legal matter. Without limitation periods, a party could choose to ignore a matter for years, and then pick it up out of the blue, dragging the other parties back into the courtroom after years of inaction. To give parties more certainty, […]
Changes to the Class Proceedings Act Take Effect October 1
Bill 161, a Bill including a number of amendments to several Acts, received Royal Assent earlier this year and comes into force on October 1st. One of the Acts it amends is the Class Proceedings Act (CPA). The overall goal of the amendments to the CPA is to make the class action process more efficient […]
Shareholder Disputes Expected to Rise in Canada’s Cannabis Industry
When cannabis was legalized in Canada in 2018, many people, including financial investors, assumed the industry would be a nearly foolproof opportunity. However, due to a sudden rise in class-action lawsuits in Canada and the U.S., many shareholders are facing an unexpected devaluation of stock. Some people believe this could lead to an increase in […]
SCC Deems Uber Arbitration Clause “Unconscionable”
A few weeks ago, we wrote about the enforceability of arbitration clauses in various contexts. In that discussion, we mentioned an ongoing class action in Ontario called Uber Technologies v. Heller. At the time, the case was awaiting a decision from the Supreme Court of Canada with respect to the enforceability of an arbitration clause […]
The Enforceability of Arbitration Clauses in Ontario
Whether in a shareholder agreement or an employment contract, the enforceability and permissible scope of an arbitration clause have been hot topics in Ontario courts in recent years. Below, we will look at how the courts have interpreted these issues and what it means for arbitration clauses in contracts going forward. What is an Arbitration […]
Class Proceedings Expected to Surge When Courts Resume in Full
As the widespread effects of the COVID-19 pandemic continue to be felt across Canada, even as some restrictions are starting to lift in each province, legal experts and courts alike are bracing themselves for a surge of class proceedings. A recent article by the CBC points to the fact legal trends in Canada tend to […]
Cy-Pres Awards in Class Action Lawsuits
The History of Cy-Près Awards The cy-près doctrine was developed in the English courts of equity. It first arose when dealing with charitable trusts. The doctrine has a french name which translated means “so near/so close” or “as near as may be”. The tool was used where a charitable trust had become illegal, impossible or […]
Balancing Interests: Setting Legal Fees in a Class Action
Introduction The carriage of class proceedings is fraught with risk. It requires a significant commitment of resources of both labour and financing. These actions are defended strenuously. The reward, if the case is settled or won, are the legal fees. The fees requested often represent a significant percentage of the overall settlement or damage award. […]