In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more
4/9/2024
/ Anticompetitive Behavior ,
Canada ,
Cancer ,
Cause of Action Accrual ,
Class Action ,
Class Certification ,
Damages ,
Healthcare ,
Life Sciences ,
Negligence ,
Ontario ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Recalls ,
Statutory Violations ,
Teva Pharmaceuticals ,
Unjust Enrichment
The arrival of 2024 marked the end of a year filled with class action activity. Our Litigation group in Toronto has prepared a list of some of the more notable cases (and other developments) of 2023, with a focus on Ontario....more
In Banman v. Ontario (“Banman”), the Ontario Superior Court (the “Court”) considered the new preferable procedure criterion of the certification test under the amended Class Proceedings Act, 1992 (“CPA”) in certifying a...more
In Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89, the Federal Court of Appeal (the “Court”) upheld the lower court’s refusal to certify a proposed class action involving allegations that the defendants had breached...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 Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more
4/22/2022
/ Canada ,
Class Action ,
Class Certification ,
Criminal Prosecution ,
Damages ,
Data Breach ,
Employee Misconduct ,
Health Care Providers ,
Healthcare ,
Intrusion Upon Seclusion ,
Invasion of Privacy ,
Negligence ,
Ontario ,
PHI ,
Recklessness ,
Tort