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

Tag Archives: class actions

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

By Frank McLaughlin and Brandon Kain on 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

The Second Opinion: Ontario Court of Appeal Rejects “Conditional” Certification of Class Actions

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

By Brandon Kain on Posted in The Second Opinion

The Ontario Court of Appeal has released a new ruling which holds that motion judges do not have jurisdiction to “conditionally” certify class actions that fail to disclose a cause of action under s. 5(1)(a) of the Ontario Class Proceedings Act (“CPA“). The decision in Brown v. Canada (A.G.), 2013 ONCA 18 concerns a proposed class action against the… → Read More

Back to Basic: US Supreme Court to Hear Amgen and Clarify “Fraud-on-the-Market” Reliance Presumption in Class Actions

By Elder C. Marques on Posted in Case Previews, Class Actions, Corporate Law, Securities, Torts

The Supreme Court of the United States has announced it will hear the appeal in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, setting the stage for an important clarification of the use of the “fraud-on-the-market” reliance presumption in U.S. securities class actions. The Court first set out the presumption in its 1988 landmark… → Read More

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

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 Case Comments, 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 Case Comments, 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

Saskatchewan Court of Appeal Rejects Ragoonanan Principle

By Brandon Kain on Posted in Case Comments, 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

SCC to Reconsider the “Material Contribution” Test for Causation

By Brandon Kain on Posted in Case Previews, 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