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Category Archives: Class Actions

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Hot Off the Press – Annual Review of Developments in Business and Corporate Litigation

By McCarthy Tétrault LLP on Posted in Class Actions

For those who may be interested, three of McCarthy Tétrault’s litigators authored a chapter on class actions in the ABA’s recently published 2012 Annual Review of Developments in Business and Corporate Litigation. “Cross-Border and Multi-Jurisdiction Class Actions – A Canadian Perspective”, authored by Anthony Alexander, Christopher Hubbard and Elder Marques, discusses how Canadian courts have… → Read More

Shoulda Woulda? Alberta Court of Appeal Considers the Mental Element of the Tort of Civil Conspiracy

By Ronald Podolny on Posted in Class Actions, Professions, Torts

Introduction The Alberta Court of Appeal has provided its latest contribution to the analysis of the tort of civil conspiracy. The case’s importance lies in its consideration of the mental element of the tort. The case is also interesting for the absence of any reference to the recent Ontario Court of Appeal jurisprudence on the matter,… → Read More

Set the Controls for the Heart of the Sun: ONCA Allows Securities Act Claims Against Foreign-Listed Issuers in Canadian Solar

By Brandon Kain on Posted in Class Actions, Conflict of Laws, Constitutional, Securities

In a recent judgment that is sure to become a landmark in the growing field of Canadian securities class actions, the Ontario Court of Appeal has confirmed that the statutory cause of action for secondary market misrepresentations can be asserted against issuers whose shares are listed solely on a foreign exchange.  The ruling in Abdula v. Canadian Solar opens… → Read More

FCA Narrows the Limitation Period Defence in Civil Competition Act Claims

By Ronald Podolny and Brandon Kain on Posted in Class Actions, Competition, Procedure

Introduction The Federal Court of Appeal has ruled that the “ongoing effects” of a conspiracy do not extend the applicable limitation period for the purposes of a civil action brought under section 36(1) of the Competition Act for a criminal conspiracy contrary to section 45(1). The Court of Appeal’s affirmation of the lower Court’s decision also… → Read More

Ontario Court of Appeal puts a Strict Time Limit on Secondary Market Misrepresentation Class Action

By Sarah Shody on Posted in Class Actions

Public issuers in Canada, and their directors and officers, will benefit from a recent ruling of the Court of Appeal for Ontario, which puts a strict time limit on investors seeking to advance a statutory cause of action for allegedly misleading secondary market disclosure. In Ontario, as in all provinces, an investor seeking to commence such… → Read More

U.S. Supreme Court Rules on Enforceability of Arbitration Clauses

By Ronald Podolny on Posted in Class Actions, Contracts, Procedure, Torts

Introduction The United States Supreme Court has revisited the issue of whether a statute can override an arbitration clause in a consumer agreement. This time, at issue was the remedial legislation entitled Credit Repair Organization Act (“CROA”), which provides consumers with “the right to sue a credit repair organization” that violates the Act. Decisions Below… → Read More

OCA to Address Secondary Market Claims Against Foreign-Listed Issuers

By Brandon Kain on Posted in Class Actions, Securities

The Ontario Court of Appeal recently announced that it will hear arguments in Abdula v. Canadian Solar.  The appeal raises the thorny question of when issuers listed solely on foreign exchanges may be sued for secondary market misrepresentations under the Ontario Securities Act.  This marks the first time that the issue will be considered by a Canadian appellate court…. → Read More

OCA to Consider Jurisdiction of Superior Court Over Construction-Related Claim Against Municipality

By Adam Ship on Posted in Class Actions, Construction and Real Estate, Torts

Summary The OCA will soon decide whether the Ontario Superior Court, as opposed to the Ontario Municipal Board, has jurisdiction over a claim by a class of failed businesses against a municipality for damages flowing from a local construction project. Decision The case involved a construction project by the City of Toronto and the Toronto… → Read More

Vale Vindicated: Ontario Court of Appeal Finds no Liability in Toxic Tort Class Action; Plaintiffs Seek Leave to Appeal to the SCC

By Michael Rosenberg on Posted in Class Actions, Torts

Vale Canada Ltd. (formerly Inco Ltd.) was vindicated in a high-profile appeal that clarifies the law of environmental torts. In Smith v. Inco Ltd., (formerly Pearson v. Inco Ltd.), the Ontario Court of Appeal reversed a trial decision awarding $36 million to residents of Port Colborne who had alleged that Vale’s refinery diminished their property… → Read More

Corrigendum to “OCA to Decide Which of Two Law Firms to Prosecute Class Action”

By Adam Ship on Posted in Class Actions

In Sharma v. Timminco Limited, heard on November 2, 2011, the issue for the Ontario Court of Appeal was whether the Class Proceedings Act, s. 28, tolled the limitations period under s. 138.14 of the Securities Act. On November 10, 2011, we mistakenly reported that the appeal arose from a separate decision from the proceedings concerning which… → Read More

Ontario Divisional Court to Consider Students’ Ability to Sue Schools on a Several Basis

By Brendan Owen Brammall on Posted in Class Actions, Procedure

The Ontario Divisional Court recently granted leave to appeal in Johnston v. Sheila Morrison Schools, a certified class action involving allegations of negligence and breach of fiduciary duty against a school and its headmaster. The primary issue on appeal is whether students may make claims against schools on a several basis and thereby avoid exposing… → Read More

Saskatchewan Court of Appeal Rejects Ragoonanan Principle

By Brandon Kain on Posted in Class Actions

In a recent decision with potentially far-reaching consequences – Red Seal – the Saskatchewan ​Court of Appeal has rejected the so-called “Ragoonanan” principle applicable to class actions. The Ragoonanan principle, which derives from an Ontario case of the same name, requires that for each defendant named in a putative class action, there must be at… → Read More

U.S. Supreme Court to Consider Enforceability of Arbitration Clauses

By Ronald Podolny on Posted in Bankruptcy & Debt, Class Actions, Procedure

The United States Supreme Court has agreed to revisit the issue of whether a statute can override an arbitration clause in a consumer agreement. This time, at issue is the remedial legislation entitled Credit Repair Organization Act (CROA), which provides consumers with “the right to sue a credit repair organization” that violates the Act. The… → Read More

SCC to Reconsider the “Material Contribution” Test for Causation

By Brandon Kain on Posted in Class Actions, Professions, Torts

The Supreme Court of Canada has granted leave in an appeal that may significantly limit liability in tort.  The case, Clements v. Clements, will require the Court to reconsider the “material contribution” test for causation, and in particular, whether it should be restricted to two narrow situations. Decisions Below In the judgment below, Clements (Litigation Guardian of) v. Clements, the British Columbia Court of… → Read More