News & Publications

Product Liability

Canadian Courts’ Jurisdiction Over Foreign Defendants in Cases Arising From E-Commerce Relations

Written by on August 21, 2015.

With the internet expanding its reach globally, the marketplace participants increasingly turn to it in order to foster their businesses.  Manufacturers, distributors, retail stores and service providers take advantage of the internet in order to increase their customer base.  Customers, similarly, increasingly use the internet to access products and services.  As a result, the past decade has seen the birth and astonishing growth of giant internet-based companies that either sell products or...

A Missed Opportunity: The Supreme Court Declines Leave to Appeal in Wakelam v. Wyeth Consumer Healthcare

Written by on September 22, 2014.

The Supreme Court has declined leave to appeal in Wakelam v. Wyeth Consumer Healthcare. The decision means that the far-reaching findings of the British Columbia Court of Appeal in the areas of consumer protection, competition and restitution law, are permitted to stand. It also means that a conflict among several appellate decisions, concerning the availability of restitutionary remedies on the basis of breaches of the Competition Code, remains unresolved. The decision is of interest to class a...

Keep Your Receipt: Evidence in the Class Actions Claims Process

Written by on May 13, 2014.

Class actions are commenced on behalf of individuals (called “class members”) who all have the same, or similar, claims for damages.  If you think that you may be affected by a class action, it is important to preserve certain evidence that could be helpful in making a claim in the class action.The Claims ProcessWhen a class action is settled or a court award is issued in favour of the class, the settlement funds are distributed to class members through a claims process.  T...

National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc

Written by and on March 21, 2014.

On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the rights of Manitoba residents. In reaching this conclusion, the Court of Appeal confirmed that common issues, shared between resident and non-resident class members, can form a presumptive connecting factor for...

Towards a New Class Action Certification Costs Framework?

Written by and on March 07, 2014.

Introduction In a succession of decisions issued in November 2013, Justice Belobaba articulated a new framework for determining the appropriate level of costs to be awarded on class action certification motions.[1]  Citing the fundamental objective of access to justice, Belobaba J. expressed a preference for a no costs regime in class proceedings.  His Honour indicated that granting costs awards following certification motions required further transparency and more reliable metrics, notwithst...

Class Actions under the Microscope: The Law Commission of Ontario’s Class Actions Project

Written by on January 23, 2014.

It has been just over twenty years since the Ontario Class Proceedings Act came into force. Since then, there have been many landmark class actions and there has been a significant amount of case law building on the framework of the Class Proceedings Act. It has been just over twenty years since the Ontario Class Proceedings Act came into force. Since then, there have been many landmark class actions and there has been a significant amount of case law building on the framework of the Class Proce...