2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more
1/23/2025
/ Appeals ,
Arbitration ,
Canada ,
Class Action ,
Class Members ,
Competition ,
Cryptocurrency ,
Digital Assets ,
Evidence ,
Litigation Strategies ,
Ontario ,
Rules of Civil Procedure ,
Securities Litigation
In Baffinland Iron Mines LP v. Tower-EBC G.P., S.E.N.C., the Ontario Court of Appeal (the “ONCA”) has confirmed that “finally settled” by arbitration means the same thing as “final and binding”, and that both phrases may...more
In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more
12/7/2022
/ Appeals ,
Canada ,
Class Action ,
Cyber Attacks ,
Data Breach ,
Intrusion Upon Seclusion ,
Liability ,
Negligence ,
Ontario ,
Personal Information ,
Privacy Torts ,
Statutory Interpretation ,
Third-Party Liability
In Johnson v. Ontario, the Ontario Court of Appeal (the “Court”) allowed for the extension of time within which the appellant could opt out of a class action. In doing so, the Court provided welcome appellate guidance on the...more
11/9/2022
/ Appeals ,
Canada ,
Canadian Charter of Rights and Freedoms ,
Class Action ,
Damages ,
Deadlines ,
Negligence ,
Ontario ,
Opt-Outs ,
Prejudice ,
State and Local Government
In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more
6/30/2022
/ Advertising ,
Appeals ,
Canada ,
Class Action ,
Class Certification ,
Consumer Privacy Rights ,
Data Collection ,
Facebook ,
Forum Selection ,
Implied Consent ,
Motion to Amend ,
Online Advertisements ,
Privacy Acts ,
Right to Privacy ,
Social Media ,
Statutory Violations ,
Subject Matter Jurisdiction ,
Supreme Court of British Columbia ,
Terms of Use
In Simpson v. Facebook, Inc., the Ontario Divisional Court upheld the dismissal of the plaintiff’s certification motion against Facebook in a proposed class action alleging that the personal data of Canadian Facebook users...more
3/17/2022
/ Appeals ,
Cambridge Analytica ,
Canada ,
Class Certification ,
Data Privacy ,
Data-Sharing ,
Facebook ,
Invasion of Privacy ,
Personal Data ,
Putative Class Actions ,
Regulatory Requirements ,
Terms of Use