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Published on: 8 Oct 2020 By

Largest foodborne illness outbreak in years linked to onions contaminated with Salmonella

Hundreds of confirmed cases of Salmonella in Canada are linked to a nationwide outbreak arising from contaminated onions. It is the largest single outbreak of foodborne illness in Canada since 2014. Symptoms of Salmonella infection include: Nausea; vomiting; diarrhea; abdominal pain; headach…

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Published on: 7 Oct 2020 By ,

Divisional Court denies leave to appeal in Trailing Commission class action

In Stenzler v TD Asset Management Inc., the Ontario Divisional Court recently denied an appeal by TD Asset Management Inc. (“TDAM”) from a decision certifying the Plaintiff’s action to recover trailing commissions he alleges were improperly paid by TDAM to Discount Brokers1. TDAM pays traili…

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Published on: 5 Oct 2020 By

Waiver of tort is out, and disgorgement is in – Atlantic Lottery Corp. Inc. v. Babstock., 2020 SCC 19

Introduction On July 24, 2020, the Supreme Court of Canada brought clarity over a longstanding question in Atlantic Lottery Corp. Inc. v. Babstock,1 Waiver of tort as an independent cause of action that did not require proof of damages has been a concept up in the air, which has finally sett…

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Published on: 18 Sep 2020 By

Context is everything – Miller v FSD Pharma Inc.

In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (“OSA”) for misrepresentations in secondary market disclosure. We have proba…

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Published on: 2 Sep 2020 By

Communication breakdown – Warner v Google LLC

Introduction The British Columbia Supreme Court’s recent decision in Warner v Google LLC (“Warner”)1, a privacy class action related to the collection of data from smartphones, puts the role of the representative plaintiff and the nature of the solicitor-client relationship in the class acti…

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Published on: 23 Jul 2020 By

The SCC’s decision in Uber signals modernization of Canadian workers’ rights

On June 26, 2020 the Supreme Court of Canada released its decision in Uber Technologies Inc. v. Heller 2020 SCC 16. In an eight-one majority, the SCC held that the plaintiff Uber driver could proceed with his class action against Uber, despite the mandatory arbitration clause contained in a …

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Published on: 15 Jul 2020 By

The rise and fall of Quadriga, a Canadian crypto exchange Ponzi scheme

We may only be a few years away from a Netflix special on the Quadriga collapse. There would be plenty to fill a script in last month’s release of an investigative report from the Ontario Securities Commission, which found that Quadriga was a fraud and Ponzi scheme (the “OSC Report”). …

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Published on: 8 Jul 2020 By

Ontario overhauls the Class Proceedings Act: Your guide to the complete list of changes

On July 7, 2020, the Ontario government voted to pass the most significant changes to the province’s Class Proceedings Act, 1992 in the entire history of the legislation. For the full picture of what the amended Act will look like, click on this updated version of the Class Proceeding Act, c…

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Published on: 6 May 2020 By

Crypto-Platforms hit with eleven coordinated class actions

Crypto-currency trading platforms (“Crypto-Platforms”) received an unwelcome surprise last month, when eleven of them were hit with coordinated class action suits in America by two law firms. The class actions target some of the largest crypto-currency exchanges in the world: Binance, Bibox …

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