Class Actions

Recent settlement approval decisions issued by the Ontario, Alberta and Quebec courts provide useful commentary on the appropriate scope of a release in a class action settlement. Class actions were commenced in Ontario, Alberta and Quebec concerning the employment status of major junior hoc…

In a case of sufficient size and complexity, asking several hundred questions on an examination for discovery by written interrogatories may not be disproportionate absent bad faith or illegality, according to a recent decision of the Ontario Superior Court of Justice. In the recent case of …

In my previous blog post How to trim eDiscovery costs part one: Laying the groundwork, I discussed reducing eDiscovery costs by taking the time to set the stage before documents are exchanged. In the next few weeks I will share some more of our practical tips in a series of short articles. H…

What is a representative plaintiff? In a class action, a representative plaintiff is a person who willingly steps forward and brings an action, in their name, on behalf of a class of similarly situated individuals. They play an active role in the litigation and assume important duties and re…

On September 23, 2020, the US Securities and Exchange Commission (“SEC”)  finalized changes to its highly successful whistleblower program (the “SEC Program”)1. Since it began, the SEC Program has paid over $500 million in total rewards to tipsters.  Earlier this June, one anonymous individu…

Budgeting, spending and saving are top of mind for many people and businesses this year. In these uncertain times we are all looking for ways to economize.  Discovery is often a costly step in litigation. Clients often ask how they can save money on their eDiscovery costs. In a plaintiff sid…

Hundreds of confirmed cases of Salmonella in Canada are linked to a nationwide outbreak arising from contaminated onions. It is the largest single outbreak of foodborne illness in Canada since 2014. Symptoms of Salmonella infection include: Nausea; vomiting; diarrhea; abdominal pain; headach…

In Stenzler v TD Asset Management Inc., the Ontario Divisional Court recently denied an appeal by TD Asset Management Inc. (“TDAM”) from a decision certifying the Plaintiff’s action to recover trailing commissions he alleges were improperly paid by TDAM to Discount Brokers1. TDAM pays traili…

Introduction On July 24, 2020, the Supreme Court of Canada brought clarity over a longstanding question in Atlantic Lottery Corp. Inc. v. Babstock,1 Waiver of tort as an independent cause of action that did not require proof of damages has been a concept up in the air, which has finally sett…