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Class Actions

And Who is my Neighbour? Superior Court Rejects Proposed Class Action by Survivors of the Rana Plaza Disaster

Written by on August 21, 2017.

Introduction In April 2013, Rana Plaza – an unsanctioned commercial building on the outskirts of Dhaka, Bangladesh home to several clothing manufacturers – collapsed. The failure was driven in part by the industrial equipment required to manufacture garments in the building, which had a poorly built structure and was unsuited to heavy industry. The accident was the deadliest of its kind in modern history: over 1100 people were killed, and thousands more were seriously injured. The fact...

Québec – New Code of Civil Procedure – Tolling Agreements

Written by on July 18, 2017.

We continue to explore the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is tolling agreements. Based on the Civil Code of Quebec, tolling agreements aimed at suspending limitation by agreement are not possible in Quebec: 2883. Prescription may not be renounced in advance, but prescription which has been acquired or any benefit of time elapsed by which prescription has begun may be renounced. 2884. No prescriptive period other than that provided by law ...

Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.

Written by on July 17, 2017.

"Get those coming up from under! Los de Abajo! Get the underdogs!" [i] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[ii] I can only assume the plaintiff farmer, Adolfo Garcia, and his remaining co-plaintiffs, must be feeling some satisfaction; perhaps, similar to that of the farmer-turned-revolutionary, Demetrio Macías, in the early ...

Québec – New Code of Civil Procedure – Costs

Written by on July 17, 2017.

Here is the second installment of brief summaries relating to the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is costs. The cost regime in Quebec has always been favorable to the plaintiffs. The main difference with Common law jurisdictions is that in Quebec, legal fees are not included in the costs. There is jurisprudence that allows for a party to request the reimbursement of legal fees incurred but the proof of bad faith is required and it is very rarely...

Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients

Written by on July 14, 2017.

Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein [1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement.  Siskinds LLP is counsel to the class members. The decision clarifies the circumstances under which an auditor may owe a duty of care to persons other than its clients. Background This was a motion for summary judgme...

Québec – New Code of Civil Procedure – Experts

Written by on July 12, 2017.

On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for lawyers and judges. In order to better understand the key sections of the NCCP and the potential impacts on cases, we will periodically provide some insights. Today’s feature is experts. Quebec Code of Civ...

The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts

Written by on June 26, 2017.

Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies and products to other members of Facebook and externally without her consent.  She alleged that Facebook’s activities violated British Columbia’s Privacy Act, RSBC 1996, c 373 (“Privacy Act”), wh...

Linda Visser Quoted in Law Times about Umbrella Purchaser Claims

Written by and on June 19, 2017.

Linda Visser was interviewed by the Law Times last month to get her views on the recent Divisional Court decision, Shaw v LG Chem Ltd. Read the full article here.

Update: Government delays private right of action under CASL

Written by on June 12, 2017.

Recently at Siskinds, we’ve written about Canada’s Anti-Spam Legislation or CASL[1] (see here and here).  In those articles, we described the private right of action contemplated by CASL. Broadly speaking, the private right of action would allow a person affected by a breach of certain sections of CASL to bring an action in court for damages. While the majority of CASL came into force on July 1, 2014, the private right of action was not scheduled to take effect until July 1, 2017.[2]  ...

Bennett v Lenovo – Another Step Toward a Consumer Privacy Protection Jurisprudence

Written by on June 07, 2017.

Introduction The recent decision of the Ontario Superior Court of Justice in Bennett v Lenovo, 2017 ONSC 1082 is an important step in the development of privacy class actions in Canada.  In Lenovo, the Court refused to strike the majority of causes of action pleaded by the Plaintiffs, permitting this ground-breaking proceeding to continue. Facts The plaintiff, Daniel Bennett, is a lawyer who lives in St. John’s, N.L. Bennett purchased a Lenovo laptop computer. After taking delivery, ...