Class Action pursued for Canadians alleging harms from Ozempic, semaglutide drugs
Ozempic, the popular drug approved in Canada to treat diabetes, has been linked to serious harms to users. Studies have shown a link between the use of semaglutide – the active ingredient in Ozempic – and an increased risk of severe gallbladder-related harms, including gallstones, and gastrointestinal issues, including “stomach paralysis” and intestinal blockages. Despite...
Continue reading the post titled Class Action pursued for Canadians alleging harms from Ozempic, semaglutide drugsGuide to automobile accident benefit forms
Statutory Accident Benefits (“accident benefits”) are available to those who are injured as a result of the “use or operation of a motor vehicle”. This includes passengers, drivers, cyclists, or those who are injured by motor vehicles as pedestrians. Accident benefits are available regardless of fault and are therefore often referred to as “no-fault” benefits. ...
Continue reading the post titled Guide to automobile accident benefit formsCOVID-19 in Ontario: essential places of business
These past four weeks have been turbulent for Ontario businesses, to say the least. On March 17, 2020, Ontario declared a state of emergency in response to the COVID-19 pandemic. By March 23, Premier Ford ordered the closure of all non-essential businesses (the “Order”), and on April 3, the Order was revised to shorten the...
Continue reading the post titled COVID-19 in Ontario: essential places of businessThe 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 standard form contract he had signed...
Continue reading the post titled The SCC’s decision in Uber signals modernization of Canadian workers’ rightsParking pad to garden — how hard could it be?
Franke James eventually got Toronto's first permit for a "green" driveway.
Continue reading the post titled Parking pad to garden — how hard could it be?Balance needed in franchise laws, judicial process
As judges have taken a technical and pro-franchisee approach to the interpretation of Canada’s franchise legislation, most recent developments have not proven positive for franchisors, franchise lawyer Peter Dillon says in Corporate LiveWire’s Franchise Law 2014 Virtual Round Table. “This has resulted in fairly easy access by franchisees to the right to rescind the franchise agreement within two...
Continue reading the post titled Balance needed in franchise laws, judicial processFederal Court grants injunctive relief against interfering law firm – Moushoom v Canada (Attorney General)
In August 2022, the Federal Court released its decision in Moushoom v Canada (Attorney General), 2022 FC 1212 (“Moushoom”), granting the Plaintiffs’ motion for an interlocutory order that no legal professionals other than class counsel, the Plaintiff Assembly of First Nations, or the Court-appointed administrator publish communications to class members regarding the class proceedings. Moushoom...
Continue reading the post titled Federal Court grants injunctive relief against interfering law firm – Moushoom v Canada (Attorney General)Upheld: plaintiffs win common issues trial after 24 years of institutional abuse
In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common issues trial decision, Cavanaugh offers...
Continue reading the post titled Upheld: plaintiffs win common issues trial after 24 years of institutional abuseNot 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 Divisional Court seeks to avoid...
Continue reading the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional CourtIntervenor 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 purposes and sought its costs. This was a class action in respect of a proposed class...
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