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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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Published on: 20 Dec 2016 By

$2.1B Settlement in Volkswagen Diesel Emissions Class Action Announced

On December 19, 2016, a settlement agreement was announced in the class action involving Volkswagen and consumer claims related to the 2.0L diesel emissions software matter. The matter affected approximately 105,000 vehicles across Canada and generated a high level of interest when the issue…

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Published on: 30 Sep 2016 By

A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations

The development of the common law depends on the Bar proposing something new when circumstances require. I recognize that’s not new thinking. Denning said it in 1954 and certainly better than me, in Parker: If we never do anything which has not been done before, we shall never get anywhere. …

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Published on: 29 Sep 2016 By

Limits to the intervention capability of the Quebec Class Action Fund

On September 7, 2016, the Superior Court of Quebec rendered an interesting judgment that clarified the limits of the power of intervention of the Fonds d’aide aux actions collectives (hereinafter referred to as the “Fonds”). The Fonds’s mission is to provide financial support to …

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Published on: 22 Aug 2016 By

Ontario Court of Appeal Helps Ensure Conspirators are Held Accountable for their Wrongdoing

Nearly every Canadian consumer has purchased something that contains a price-fixed component. Price-fixing occurs in many industries – from components of consumer electronics to chemicals to auto parts to chocolate. Price-fixing occurs where competing companies agree to increase prices, redu…

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Published on: 19 Aug 2016 By

Ontario Courts Ensure Access to Justice for Victims of Illegal Cartels

Four recent decisions from the Ontario courts affirm the importance of preserving remedies for plaintiffs impacted by unlawful conspiracies. The decisions relate to four separate price-fixing conspiracies involving LCD panels (used in televisions, computer monitors and notebook computers), l…

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Published on: 10 Jun 2016 By

Misrepresentation in Accredited Investor Prospectus Exempt Offerings in Ontario

Part I – Mind the Angle Shooters The more dangerous malefactors are the men in high places who take a good property, overcapitalize it, appraise its value at many times what it is worth, use artful publicity and market methods to beguile the public into believing the stock is worth par…

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