Searching Content indexed under Class Actions by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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Competition Class Actions In Canada: The Supreme Court Resets The Ground Rules
In a landmark decision that was released this morning, the Supreme Court has revisited and reset the ground rules governing the availability of collective relief for consumers in Canada
26 Sep 2019
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
20 Sep 2019
"Controversial" Changes To Ontario Class Actions Law Recommended By Commission
After two years of review, the Law Commission of Ontario ("LCO") has recommended wide-ranging changes to Ontario's class actions regime.
24 Jul 2019
Supreme Court To Hear Arguments About Enforceability Of Arbitration Clauses
On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.
7 Jun 2019
Ontario Court Of Appeal Hits The Brakes On Arbitration Clauses
A recent decision from the Ontario Court of Appeal involving Uber throws into doubt the enforceability of certain arbitration clauses in employment agreements — and potentially consumer and other agreements.
6 Feb 2019
The Cross-Border Quarterly Report - September 2018
The Cross-Border Quarterly Report is a snapshot of transactional activity across the Canada-U.S. border.
1 Oct 2018
Ontario Court Of Appeal Clarifies Jurisdictional Limits Of Secondary Market Claims In Yip V. HSBC Holdings Plc
The recent judgment of the Ontario Court of Appeal in Yip v. HSBC Holdings plc[1] provides helpful guidance on the jurisdictional limits of secondary market proceedings commenced in respect...
20 Jul 2018
LBP Holdings Ltd. v. Hycroft Gold Corp.: Leave Required To Appeal Certification Order Excluding Defendants
She accordingly quashed the appeal but granted the plaintiff an extension of time to bring a leave motion.
28 Jun 2018
Did The Plaintiff Fabricate A Class Action Proceeding In Charland V. Hydro-Québec?
It is not every day in a class action that the Superior Court renders a decision on the merits of the case. Yet, not only is this the situation in Charland v. Hydro-Québec ...
13 Jun 2018
Law Commission Of Ontario Launches Consultations For Its Class Actions Reform Project
The Law Commission of Ontario (LCO) just released its first consultation paper on class actions [PDF], and launched a province-wide consultation process for its Class Actions: Objectives...
14 Mar 2018
Québec Court Of Appeal Harmonizes Canadian Law By Prohibiting Pre-Leave Discovery In Securities Class Actions
In its decision released January 31, 2018, Amaya inc. c. Derome, the Québec Court of Appeal overturned a ruling by the Québec Superior Court in holding that parties ...
6 Feb 2018
Canadian Government Suspends CASL Private Right Of Action
The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada's anti-spam legislation, originally scheduled to come into force...
19 Jun 2017
Cold Shoulder: BC Court Denies Certification Finding No "Identifiable Class"
A recent decision by the British Columbia Supreme Court denying class certification illustrates the Court's continued insistence on the rigorous application of the statutory certification criteria...
5 Dec 2016
Québec Courts Streamline Multijurisdictional Class Actions
As a result of Canada's federal system, it is common for a defendant to face multiple class proceedings filed in various provinces in respect of a public incident.
29 Nov 2016
"Who Did I Make A Deal With?": Quebec Court Authorizes Consumer Class Action For False Representations Against A Franchisor
In the case Cantin c. Ameublements Tanguay inc., 2016 QCCS 4546 (the "Cantin Case"), the Superior Court of Quebec granted authorization of a proposed class action by consumers against various respondents...
22 Nov 2016
No Need For A "Plain Jane Plaintiff": Pre-Certification Discovery And Challenging The Representative Plaintiff
Just how "representative" should a representative plaintiff be? That question was at the heart of a pre-certification discovery motion in Daniells v McLellan, a privacy class action.
15 Nov 2016
When Class Members Oppose A Class Settlement: B.C. Court Approves Settlement Despite Objections Of Certain Class Members
In Jones v. Zimmer GMBH, 2016 BCSC 1847, Justice Bowden recently approved settlement of a class action despite the objections of a number of class members to the settlement agreement...
8 Nov 2016
Taking The Show On The Road: Class Action Judges Can Sit Outside Their Province
The Supreme Court of Canada held that superior court judges in British Columbia and Ontario have broad statutory authority and discretion under their respective Class Proceedings Acts.
28 Oct 2016
"Impermissible Attempt" To Avoid Restrictions On Secondary Market Class Actions Rejected By Court Of Appeal For Ontario
The Court of Appeal for Ontario has recently confirmed that the Securities Act provides a circumscribed route for class actions alleging secondary market misrepresentations.
19 Oct 2016
Appellate Court Splits On Evidentiary Threshold For Certification
The plaintiff in Warner alleged a hip resurfacing system caused toxic levels of metal ions in the blood and applied for certification of a class action against the manufacturer.
13 Oct 2016
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