Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Category Archives: Class Actions

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Hot Off the Press – Doing Business in Canada: Navigating Opportunities for Investment and Growth

Posted in Alternative Dispute Resolution, Class Actions

If your organization is currently thinking about establishing or acquiring a business in Canada, the newest edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as… → Read More

Multi-Jurisdictional Class Actions: The Creation of Barriers by the BC Court of Appeal

Posted in Case Comments, Class Actions, Constitutional

In a surprise decision, the British Columbia Court of Appeal has broken with the superior courts of British Columbia, Ontario and Quebec by holding that constitutional limits prevent a superior court judge from sitting outside of his own province. The Court of Appeal’s decision suggests limits to the inherent jurisdiction and discretion of superior courts… → Read More

Securities Secondary Market Liability in Quebec To Be Discussed by the Supreme Court of Canada

Posted in Case Comments, Case Previews, Class Actions, Securities

On February 20, 2014, the Supreme Court of Canada granted leave to appeal from the first decision from the Québec Court of Appeal on the statutory secondary market liability regime adopted in 2007, pursuant to a reform of the Quebec Securities Act, R.S.Q. c. V-1.1 (“QSA”). Material Facts Under the QSA, Theratechnologies inc. (“Thera”) is… → Read More

The Final Word (Again?) On Limitation Periods for Securities Class Actions

Posted in Case Comments, Class Actions, Securities

The Ontario Court of Appeal’s decision in Green represents yet another plaintiff-friendly class action development from the Canadian courts, this time in the context of limitation periods.  Less than two years after its watershed decision in Timminco, Ontario’s highest court reversed itself and in a decision authored by Feldman J.A. re-cast the limitation period regime… → Read More

The Supreme Court Vivendi Decision and its Not Insignificant Implications

Posted in Case Comments, Class Actions

The first judgment of 2014 rendered by the Supreme Court of Canada, Vivendi Canada Inc. v. Dell’Aniello, 2014 SCC 1 (“Vivendi”), deals with the conditions for authorization of a class action in Quebec. The judgment has several important implications for Canadian businesses that are likely to be involved in class action proceedings. First, the Court held… → Read More

ABCA Opens the Door to Punitive Damages for Surviving Dependents

Posted in Case Comments, Class Actions, Torts

A recent decision of the Alberta Court of Appeal has opened the door for awarding punitive damages to surviving dependants under Alberta’s Fatal Accidents Act (the “FAA”). The FAA creates a statutory cause of action for dependants of deceased persons where death was caused by a wrongful act. Similar legislation in other provinces has been… → Read More

Regulatory Settlement Will Not Prevent Class Action: SCC Certifies Fischer

Posted in Class Actions, Regulatory

The following article may be of interest to readers of this blog: Regulatory Settlement Will Not Prevent Class Action: SCC Certifies Fischer On December 12, 2013, the Supreme Court of Canada released its much anticipated decision in AIC Limited v. Fischer, 2013 SCC 69. The Court unanimously held that a restitution payment in settlement of… → Read More

Vancouver Student Protesters “Stripped” of Class Proceeding

Posted in Case Comments, Charter of Rights, Class Actions

The British Columbia Court of Appeal recently upheld the denial of certification of a proposed class action involving routine strip searches at a Vancouver city jail. Thorburn v. British Columbia (Public Safety and Solicitor General) illustrates the difficulty of certification in cases that require an individual inquiry into the facts and circumstances unique to each… → Read More

Supreme Court Releases the Indirect Purchaser Trilogy

Posted in Class Actions, Competition

The following article by Sarah Corman and Shaun Finn may be of interest to readers of this blog: Supreme Court Releases the Indirect Purchaser Trilogy In an important trilogy released October 31, 2013, the Supreme Court of Canada recognized the right of indirect purchasers to assert competition claims while confirming its rejection of the “passing… → Read More

Court of Appeal to Revisit Overtime Class Action Certification

Posted in Case Comments, Class Actions, Labour and Employment

The Ontario Court of Appeal recently decided it will hear the appeal in Brown v. Canadian Imperial Bank of Commerce, the Divisional Court’s decision affirming Strathy J.’s denial of certification in a proposed “misclassification” overtime class action which we blogged about in the spring. The leave decision represents an unexpectedly quick return of overtime class… → Read More

NZSC Provides Guidance on Litigation Funding Agreements

Posted in Case Comments, Class Actions, Torts

The New Zealand Supreme Court rendered an interesting decision on litigation funding agreements, more specifically on the extent to which they may be invalid based on abuse of process. Litigation funding agreements are a big issue in Canada right now, particularly in the context of class actions. Background In Waterhouse v. Contractors Bonding Limited ([2013]… → Read More

What will Justice Nadon’s appointment bring to the Supreme Court?

Posted in Aboriginal, Administrative, Charter of Rights, Class Actions, Competition, Intellectual Property, Tax

Background Earlier this week, the Prime Minister surprised many Supreme Court-watchers by nominating the Honourable Marc Nadon to replace Justice Fish at the Supreme Court of Canada. Given this recent appointment, the Canadian Appeals Monitor has taken a look at Nadon J.’s jurisprudential legacy to date and identified key cases which illustrate his judicial leanings, especially… → Read More

The Second Opinion: Can an Ontario Court Assume Jurisdiction Over Non-resident Class Members?

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Class Actions, The Second Opinion

Is an Ontario-based inter-provincial class settlement enforceable in Manitoba?  The answer depends in part on whether an Ontario court can properly exercise jurisdiction over non-resident class members.  The Manitoba Court of Appeal recently provided guidance on these important issues in the first appellate case to comprehensively address these questions since the Supreme Court of Canada… → Read More

Hail to the Chief: McLachlin C.J.C. Becomes Canada’s Longest-Serving Chief Justice

Posted in Class Actions, Contracts, Features, Torts

Next month marks the bicentennial of the birth of Sir William Johnstone Ritchie, one of the first judges appointed to the Supreme Court of Canada and Chief Justice from 1879 to 1892. Why are we thinking about him this week? Until today, he was the longest serving Chief Justice of Canada. That title now belongs… → Read More

Screening Secondary Market Liability Actions in Quebec: the Court of Appeal Weighs In

Posted in Case Comments, Class Actions, Procedure, Securities

On July 17, 2013, the Quebec Court of Appeal rendered its first decision on the statutory secondary market liability regime adopted in 2007 pursuant to a reform of the Quebec Securities Act[1] (“QSA”). Although the QSA regime facilitates a plaintiff’s burden, it also imposes an authorization process under which a claimant must establish that its… → Read More

McCarthy Tétrault partners are appointed to lead ABA subcommittee

Posted in Awards and Recognitions, Class Actions

Canadian Appeals Monitor would like to congratulate our blogger Christopher Hubbard and blog co-editor Elder Marques on their appointments with the American Bar Association’s (ABA) Business and Corporate Litigation Subcommittee on Class and Derivative Actions. Chris will serve as Co-Chair and Elder will serve as Co-Vice Chair, organizing legal education for ABA members and providing practitioners,… → Read More

The Rascal Returns: The Supreme Court Reaffirms Doctrine of Constructive Trust in Nishi v. Rascal Trucking Ltd.

Posted in Case Comments, Class Actions, Construction and Real Estate, Contracts, Corporate Law, Manufacturing, Municipal

The Supreme Court has issued its decision in the case of Nishi v. Rascal Trucking Ltd., 2013 SCC 33, clarifying the scope of the resulting trust doctrine, in the commercial context. The Court reaffirmed its own precedent and refused to abolish well-established doctrine in the absence of a “compelling” reason for doing so, strong dissents… → Read More

Brown v. Canadian Imperial Bank of Commerce: A Nail in the Coffin for “Misclassification” Overtime Class Actions or Class Counsel Growing Pains?

Posted in Case Comments, Class Actions, Labour and Employment

In Brown v. Canadian Imperial Bank of Commerce, 2013 ONSC 1284, the Divisional Court of Ontario further confirmed the approach to, and difficulty with, “misclassification” overtime class-actions (i.e. class actions alleging that an employer has unlawfully misclassified employees and managers to avoid the obligation to pay overtime). The Divisional Court, armed with the decisions of… → Read More

The Second Opinion: Appellate Court Applies Provincial Consumer Protection Laws in a Class Proceeding Against a Federally-Regulated Company

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Class Actions, The Second Opinion

In a recent decision of great importance to federally-regulated entities such as banks, airlines and navigation and shipping companies, the B.C. Court of Appeal ruled that a provincial consumer protection statute applies to airlines:  Unlu v. Lufthansa et al, 2013 BCCA 112. The Unlu case involves a putative class action against various airlines alleging deceptive… → Read More

More than “Lip Service” to Limited Liability: Personal Liability of Directors and Causation of Damages for Misrepresentation to Investors

Posted in Case Comments, Class Actions, Torts

Will a director or officer of a corporation or limited liability partnership be personally liable for the losses of investors who relied upon his or her inaccurate statements when deciding to invest in a corporate venture? What if the inaccurate statements did not involve matters that were proven to cause the investment losses? The Alberta… → Read More

Quebec Court of Appeal Confirms the Decision to Deny Certification of a Drug Related Class Action

Posted in Case Comments, Class Actions, Health

Different times call for different measures, and the jurisprudence governing Quebec class actions is no exception to this rule. While 2011 and the beginning of 2012 brought waves of decisions in favour of certification, the end of 2012 seemed to bring more circumspection. This trend seems to continue in 2013, notably in a decision rendered… → Read More

Federal Court of Appeal Holds that Competition Act Claims are Arbitrable

Posted in Case Comments, Class Actions

In a decision released on February 14, 2013, the Federal Court of Appeal stayed a proposed class action alleging breaches of the Competition Act on the basis that the parties had agreed to a mandatory arbitration process. The Court of Appeal’s decision in Murphy v. Amway Canada Corporation deals with the difficult issue of federal and provincial court… → Read More

Ontario Divisional Court Upholds Denial of Certification of Pharmaceutical Class Action Against AstraZeneca

Posted in Case Comments, Class Actions, Health

In a rare and dramatic oral ruling from the bench, the Ontario Divisional Court yesterday upheld the May 7, 2012 decision of Horkins J. in Martin v. AstraZeneca Pharmaceuticals Plc, 2012 ONSC 2744 to deny certification of a proposed national class action relating to the anti-psychotic medicine, Seroquel®. The Divisional Court’s judgment marks the first… → Read More