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Published on: 7 Jun 2017 By

Bennett v Lenovo – Another Step Toward a Consumer Privacy Protection Jurisprudence

Introduction The recent decision of the Ontario Superior Court of Justice in Bennett v Lenovo, 2017 ONSC 1082 is an important step in the development of privacy class actions in Canada. In Lenovo, the Court refused to strike the majority of causes of action pleaded by the Plaintiffs, permitt…

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Published on: 30 May 2017 By

Got Spam? What you can do if you are receiving unwanted e-mails.

Canada’s Anti-Spam Legislation, or CASL, came into force in July of 2014. Effectively, sending spam[1] is a violation of the law. You may have received spam if you can answer “no” to any of the following questions: Did you consent to the sender contacting you? Are you easily able to unsubscr…

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Published on: 11 May 2017 By

Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095

Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinen…

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Published on: 9 May 2017 By

Canada’s Anti-Spam Laws Enhance Consumer Protection and Provide Compensation for Improper Electronic Activities

(Note: There have been changes to the legislature since this article was published. Please go here for an update.) The laws of Canada protect consumers and computer users against improper commercial electronic activities. If you are a Canadian consumer who uses a computer or goes on the inte…

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Published on: 20 Apr 2017 By

Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752

A recent decision certifying a class action for prepaid payment cards demonstrates the potential of Ontario’s Consumer Protection Act and the limits of creative technical arguments at the threshold certification stage. Case Background Bernstein v Peoples Trust Company is a class action regar…

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Published on: 24 Jan 2017 By

Endean v British Columbia: efficient and economic access to justice for Canadian class members

In October 2016, the Supreme Court of Canada (“SCC”) released its decision in Endean v British Columbia, 2016 SCC 42, holding that superior court judges have the discretionary power to sit outside of their home jurisdictions, pursuant to section 12 of the Class Proceedings Act. Endean was a …

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Published on: 3 Jan 2017 By

Court of Appeal Hears Jurisdiction Motion in Airia Brands

In December 2016, the Ontario Court of Appeal heard an appeal in Airia Brands v Air Canada. The result of this appeal will have significant impact on the viability of global class actions commenced in Ontario and on the application of the real and substantial connection test in the context o…

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