Introduction In 2008, Maple Leaf Foods (“MLF”) (two companies) was notified by the Canadian Food Inspection Agency (“CFIA”) that some of their ready to eat meats (“RTE”) they produced for human consumption were contaminated with listeria in sufficient concentrations to be dangerous. In fact, several people fell seriously ill and some died as a result […]
Category Archives: Class Action
The High Cost of a Stalled Class Proceeding
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Anti-Spam Class Actions and Protection of Consumers
Canada’s anti-spam legislation (CASL),[1] came into effect on July 1, 2014. However, certain provisions including those that provide individuals with a private right of action against businesses engaging in spam practices have not yet come into force. CASL generally prohibits individuals and businesses from sending commercial email to Canadians without explicit consent. Readers may recall receiving […]
Success at Court of Appeal
We successfully respond to an appeal of a class action decision dismissing the claim against our client on summary judgment. A copy of the decision can be found here: https://www.canlii.org/en/on/onca/doc/2017/2017onca548/2017onca548.html?searchUrlHash=AAAAAQAGQmFrc2hpAAAAAAE&resultIndex=9
Class Action Win
We successfully defended a class action against our client on summary judgment. The Honourable Mr. Justice Belobaba dismissed the class action against our client in a decision released November 10, 2016. Please follow the link to read the decision.
Judicial Limits on Freedom of Contract? Arbitration Clauses and Consumer Class Actions
Judicial Limits on Freedom of Contract? Arbitration Clauses and Consumer Class Actions Introduction In recent years, there has been a growing acceptance by Canadian courts of the viability and legitimacy of alternative dispute resolution regimes. Previously jealous of their exclusive adjudicatory authority, courts now acknowledge that private dispute resolution such as mediation and arbitration provides […]