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Published on: 9 Apr 2021 By

Cy-prés distributions – Honouring “as close as possible”

In a previous blog post we had discussed the origin of cy-près distributions and their benefits. In sum, cy-près distributions help to enforce one of the public policy rationales behind class actions: behaviour modification by holding wrongdoers accountable for their actions. Where it is no …

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Published on: 26 Feb 2021 By

Product recalls: Determining if you’re affected and if you have a legal claim

Health Canada expands growing list of hand sanitizer recalls… What to know about Canada’s onion recall… Fresh imported peaches recalled due to salmonella If you search the term “recall” on a Canadian news website, chances are you will find a lengthy list of headlines like these. But despite …

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Published on: 24 Feb 2021 By

I received a payment from a class action. How do I know if it is legitimate?

Voir en français At one time or another, you may have received notification that you are eligible to participate in a class action. The notice will tell you how to file a claim, usually by completing an online form on a website dedicated to the administration of the class action. Sometimes y…

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Published on: 22 Feb 2021 By (She/Her)

User beware: the dangers of sharing personal health information with mobile apps

UPDATE: the FTC has now finalized its settlement with Flo Health, Inc., which requires Flo to notify affected users directly about the disclosure of their personal information to unauthorized third parties. If you are concerned or notified that your personal information may have been impacte…

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Published on: 18 Feb 2021 By

Product recalls: What recalls mean and where to find information about them

Hand sanitizer recall sparks concern … Red onion recall expands across Canada due to Salmonella outbreak… Additional ranitidine products recalled worldwide If you search the term “recall” on a Canadian news website, chances are you will find a lengthy list of headlines like these. But despit…

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Published on: 12 Feb 2021 By

Canada’s First Bitcoin ETF and the Regulatory Race to Tame Crypto

The race to launch Canada’s first ETF is over, and the Purpose Bitcoin ETF is the winner. In regulatory filings published only a few days ago on SEDAR, the Purpose Bitcoin ETF disclosed that the OSC had issued a receipt for its long-form prospectus. To offer securities to the public, an inve…

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Published on: 11 Feb 2021 By

There’s Gold in Them Thar Hills – Wong v Pretium Resources

Introduction Wong v Pretium Resources (“Pretium”) was a securities class proceeding premised on the issue of whether the defendant gold mining company’s failure to disclose the negative opinion of one of its mining consultants, Strathcona, amounted to an omission of a material fact, and thus…

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Published on: 15 Jan 2021 By

How to trim eDiscovery costs part five: Archive unnecessary data from your workspace

In my previous blog posts How to trim eDiscovery costs part one: laying the groundwork, How to trim eDiscovery costs part two: review fewer documents and review efficiently; How to trim eDiscovery costs part three: leverage technology by adding tools and apps to your review and How to trim e…

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Published on: 5 Jan 2021 By (She/Her)

Major update to Canadian privacy legislation in the works… What does this mean for class actions?

For the first time since the implementation of the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in 2000, the federal government has introduced an update to Canada’s privacy framework via Bill C-11, or the Digital Charter Implementation Act, 2020, which underwent it…

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