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…View the post titled Arthritis medication Xeljanz linked to risk of heart attack and cancer
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…View the post titled Surgical stapler malfunctions can result in serious injuries
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 …View the post titled Intervenor beware! – Brewers Retail v. Campbell
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…View the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court
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…View the post titled Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?
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…View the post titled Getting it right in Ontario courts’ treatment of honoraria – Doucet and Redublo
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…View the post titled First reported decision on s. 29.1 of the amended CPA – Bourque v Insight Productions
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…View the post titled What can I do if I disagree with a class action settlement?
Civil Liability and COVID-19
COVID-19 mandates have become increasingly politicized over recent months. The many who descended on Parliament Hill in late January to protest COVID-related government restrictions are one extreme example of the rising dichotomy in Canada. However, what many Canadians may be unaware of is t…View the post titled Civil Liability and COVID-19
Litigation Autonomy, Class Actions, and Unexplored Territory
Analyzing the Superior Court’s decision in Brazeau v. Canada (Attorney General), 2021 ONSC 8158 Introduction Ontario’s Class Proceedings Act, 1992 (the “CPA”) divides class actions into different stages, contingent on whether the litigation is focused on collective or individual issues. A pr…View the post titled Litigation Autonomy, Class Actions, and Unexplored Territory
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