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Published on: 1 Sep 2022 By

Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.

In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pier…

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Published on: 17 Aug 2022 By

Johnson & Johnson stopping all sales of talcum-based baby powder

On August 11, 2022, global pharmaceutical and consumer products giant Johnson & Johnson (“J&J”) announced that it would stop all sales of its talc-based baby powder products in 2023. The announcement is noteworthy news for tens of thousands of women who are bringing lawsuits agains…

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Published on: 26 Jul 2022 By

Arthritis medication Xeljanz linked to risk of heart attack and cancer

Pfizer’s Xeljanz and Xeljanz XR (tofacitinib), a popular drug used to treat rheumatoid arthritis, psoriatic arthritis, and ulcerative colitis, has been linked to an increased risk of serious heart problems, cancer, and death, especially in older patients – the largest demographic among…

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Published on: 11 Jul 2022 By ,

Surgical stapler malfunctions can result in serious injuries

Surgical staplers are medical devices often used to close wounds during surgery, both internally and externally. Surgical staplers are commonly used for gastrointestinal surgeries, including bowel resections, colorectal cancer surgeries, bariatric surgeries, and other conditions. When a surg…

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Published on: 6 Jun 2022 By

Intervenor beware! – Brewers Retail v. Campbell

In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement …

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Published on: 26 Apr 2022 By

Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court

In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse.   The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…

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Published on: 13 Apr 2022 By

Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?

In O’Brien v. Maxar Technologies Inc., Justice Akbarali declined to grant the plaintiffs’ motion for leave to proceed with claims under section 138.3(1) of the Ontario Securities Act (“OSA”), concluding that there was no reasonable possibility that the action would be resolved in favour of t…

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Published on: 8 Mar 2022 By

Getting it right in Ontario courts’ treatment of honoraria – Doucet and Redublo

In the event of a successful monetary settlement in a class proceeding, courts may order that additional compensation, in the form of a payment called an honorarium, be paid to a representative plaintiff who has meaningfully contributed to advancing litigation on behalf of the class. Honorar…

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Published on: 10 Feb 2022 By

First reported decision on s. 29.1 of the amended CPA – Bourque v Insight Productions

In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 (“CPA”), dismissing a putative class action for delay. Section 29.1 provides that, on a motion, the court must dismiss a putative class proceeding for delay unless, by the first…

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Published on: 9 Feb 2022 By

What can I do if I disagree with a class action settlement?

Class actions are regularly resolved by way of settlement. Unlike settlements in other types of litigation, class action settlements must be approved by the court. Once approved, the settlement is binding on all class members who did not opt-out of the action. Prior to the settlement approva…

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