Class Actions

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…

In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (“OSA”) for misrepresentations in secondary market disclosure. We have proba…

Introduction The British Columbia Supreme Court’s recent decision in Warner v Google LLC (“Warner”)1, a privacy class action related to the collection of data from smartphones, puts the role of the representative plaintiff and the nature of the solicitor-client relationship in the class acti…

On June 26, 2020 the Supreme Court of Canada released its decision in Uber Technologies Inc. v. Heller 2020 SCC 16. In an eight-one majority, the SCC held that the plaintiff Uber driver could proceed with his class action against Uber, despite the mandatory arbitration clause contained in a …

We may only be a few years away from a Netflix special on the Quadriga collapse. There would be plenty to fill a script in last month’s release of an investigative report from the Ontario Securities Commission, which found that Quadriga was a fraud and Ponzi scheme (the “OSC Report”). …

On July 7, 2020, the Ontario government voted to pass the most significant changes to the province’s Class Proceedings Act, 1992 in the entire history of the legislation. For the full picture of what the amended Act will look like, click on this updated version of the Class Proceeding Act, c…

Crypto-currency trading platforms (“Crypto-Platforms”) received an unwelcome surprise last month, when eleven of them were hit with coordinated class action suits in America by two law firms. The class actions target some of the largest crypto-currency exchanges in the world: Binance, Bibox …