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Searching Content indexed under Class Actions by McMillan LLP ordered by Published Date Descending.
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1
The Godfrey Decision: Competition Class Action Certification Made (Even) Easier
These appeals raise a fundamental question: are courts at a stage where the balance struck by Parliament of Canada's competition law
Canada
11 Oct 2019
2
No "Piggybacking" To Avoid B2B Arbitration: Supreme Court Of Canada Affirms Enforceability Of Arbitration Clauses Despite Related Class Action
In its recent 5-4 decision in Telus Communications Inc v. Wellman,[1] the Supreme Court of Canada ruled that courts must enforce valid arbitration agreements
Canada
12 Jul 2019
3
Party Cannot Negotiate Certification Defeat From The Jaws Of Contested Victory
The British Columbia Supreme Court ("Court") recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers
Canada
8 Jul 2019
4
Head of the Class: Changes to BC's Class Proceedings Act
The change from an opt-in to an opt-out scheme allows BC to mirror Ontario, Saskatchewan, and Alberta, each which operate on opt-out regimes. Currently, class actions are limited to BC residents and non-residents must make an election to opt in ..
Canada
28 Sep 2018
5
Is your Privilege Protected? Ontario Court Revisits Doctrine of "Implied Waiver of Privilege" in Recent Decision
Recent case law from Ontario confirms that a party seeking to rely on parts of an otherwise privileged document cannot simultaneously claim privilege over the same document.
Canada
31 Aug 2018
6
Working Notice: Class Action Succeeds in Challenging When Clock Starts
The result was that more than 12 months advance notice of termination was provided to most of the relevant employees.
Canada
7 Dec 2017
7
Supreme Court Of Canada Turns The Other Cheek: Facebook's "Terms And Conditions" – Forum Selection Clause Unenforceable
The Supreme Court of Canada's recent decision in Douez v Facebook, Inc. is an important decision on whether companies can select the location for any lawsuits against them by disgruntled customers.
Canada
3 Jul 2017
8
CASL Private Right Of Action Delayed; Enforcement By CRTC Continues
Commonly known as Canada's Anti-Spam Legislation, "CASL" contains a controversial enforcement mechanism known as the "private right of action" that will allow a person to seek compensation...
Canada
8 Jun 2017
9
Are You Ready For CASL's Private Right Of Action?
The controversial private right of action included in the legislation colloquially called Canada's Anti-Spam Law[1] (the "Act" or "CASL"), comes into force on July 1st of this year.
Canada
1 Feb 2017
10
Class Actions Keep On Rollin'
The BC Supreme Court recently certified a class action involving allegations that the defendant's emission control technology designed for diesel engines in heavy-duty trucks was defective.
Canada
23 Jan 2017
11
Mis(class)ified? First-Of-Its-Kind Class Action Gets The Green Light
For the first time, a group of workers who were allegedly misclassified as independent contractors have been certified to proceed with a class action lawsuit against their principal.
Canada
12 Aug 2016
12
Public Interest Privilege: What Secrets Can The Competition Bureau Keep?
The long running and jurisprudently bountiful class action involving Pro-Sys Consultants Ltd. and Microsoft has resulted in another interesting gift.
Canada
9 Feb 2016
13
The Supreme Court Of Canada Releases Its Decision In The CIBC V. Green Trilogy
The Supreme Court of Canada released its much anticipated decision in the CIBC v. Green trilogy of cases last week (the "Trilogy Decision").
Canada
14 Dec 2015
14
It's A "Like": Facebook Class Certification Overturned By Appeal Court
In a recent ruling from the British Columbia Court of Appeal ("BCCA"), a class action was de-certified involving a claim by disgruntled Facebook users...
Canada
16 Sep 2015
15
Restructuring A Franchise In Crisis: Court Dismisses Former Dealers' Class Action Against General Motors
The Ontario Superior Court recently released its decision in Trillium Motor World Ltd. v. General Motors of Canada Limited, a class action brought on behalf of approximately 200 General Motors dealers..
Canada
23 Jul 2015
16
Commonality Is Key: Class Proceeding Certification Denied
The Court of Appeal dismissed the appeal solely on the basis that the claim lacked commonality of issues between its class members.
Canada
26 Jun 2015
17
Diamonds Are A Class Counsel's Best Friend: Fairhurst v. Anglo American PLC
The British Columbia Supreme Court certified a class action for a class of indirect purchasers of diamonds in a recent development in the suit against the De Beers group of diamond producers.
Canada
16 Mar 2015
18
Is it Safe to Talk Now? Ontario Court of Appeal Decision in Moore on Counsel/Expert Interaction
Earlier this week, the Ontario Court of Appeal (the "Court") released its much anticipated decision Moore v Getahun.
Canada
31 Jan 2015
19
No More Misleading Advertising Class Actions?
The court refused to certify the case as a class action for several reasons.
Canada
9 Jan 2015
20
When Is A Rule A Rule? American And Canadian Approaches
recent decision of the United States Court of Appeals for the Federal Circuit provides an opportunity to contrast how American and Canadian courts respond to the failure of a tribunal to comply with its own procedural rules.
Canada
19 Dec 2014
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