519 672 2121
Close mobile menu
Published on: 11 May 2017 By

Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095

Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinen…

View the post titled Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095
Published on: 9 May 2017 By

Canada’s Anti-Spam Laws Enhance Consumer Protection and Provide Compensation for Improper Electronic Activities

(Note: There have been changes to the legislature since this article was published. Please go here for an update.) The laws of Canada protect consumers and computer users against improper commercial electronic activities. If you are a Canadian consumer who uses a computer or goes on the inte…

View the post titled Canada’s Anti-Spam Laws Enhance Consumer Protection and Provide Compensation for Improper Electronic Activities
Published on: 20 Apr 2017 By

Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752

A recent decision certifying a class action for prepaid payment cards demonstrates the potential of Ontario’s Consumer Protection Act and the limits of creative technical arguments at the threshold certification stage. Case Background Bernstein v Peoples Trust Company is a class action regar…

View the post titled Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752
Published on: 24 Jan 2017 By

Endean v British Columbia: efficient and economic access to justice for Canadian class members

In October 2016, the Supreme Court of Canada (“SCC”) released its decision in Endean v British Columbia, 2016 SCC 42, holding that superior court judges have the discretionary power to sit outside of their home jurisdictions, pursuant to section 12 of the Class Proceedings Act. Endean was a …

View the post titled Endean v British Columbia: efficient and economic access to justice for Canadian class members
Published on: 3 Jan 2017 By

Court of Appeal Hears Jurisdiction Motion in Airia Brands

In December 2016, the Ontario Court of Appeal heard an appeal in Airia Brands v Air Canada. The result of this appeal will have significant impact on the viability of global class actions commenced in Ontario and on the application of the real and substantial connection test in the context o…

View the post titled Court of Appeal Hears Jurisdiction Motion in Airia Brands
Published on: 20 Dec 2016 By

$2.1B Settlement in Volkswagen Diesel Emissions Class Action Announced

On December 19, 2016, a settlement agreement was announced in the class action involving Volkswagen and consumer claims related to the 2.0L diesel emissions software matter. The matter affected approximately 105,000 vehicles across Canada and generated a high level of interest when the issue…

View the post titled $2.1B Settlement in Volkswagen Diesel Emissions Class Action Announced
Published on: 30 Sep 2016 By

A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations

The development of the common law depends on the Bar proposing something new when circumstances require. I recognize that’s not new thinking. Denning said it in 1954 and certainly better than me, in Parker: If we never do anything which has not been done before, we shall never get anywhere. …

View the post titled A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations
Published on: 29 Sep 2016 By

Limits to the intervention capability of the Quebec Class Action Fund

On September 7, 2016, the Superior Court of Quebec rendered an interesting judgment that clarified the limits of the power of intervention of the Fonds d’aide aux actions collectives (hereinafter referred to as the “Fonds”). The Fonds’s mission is to provide financial support to …

View the post titled Limits to the intervention capability of the Quebec Class Action Fund
Published on: 22 Aug 2016 By

Ontario Court of Appeal Helps Ensure Conspirators are Held Accountable for their Wrongdoing

Nearly every Canadian consumer has purchased something that contains a price-fixed component. Price-fixing occurs in many industries – from components of consumer electronics to chemicals to auto parts to chocolate. Price-fixing occurs where competing companies agree to increase prices, redu…

View the post titled Ontario Court of Appeal Helps Ensure Conspirators are Held Accountable for their Wrongdoing