Security for costs is commonly requested in litigation matters, particularly before proceeding to an appeal. If the defendant in a matter has been awarded costs at a previous step in the litigation process that remain largely unpaid, they are permitted to request an order that the plaintiff must post security for the amount owed before […]
Category Archives: Class Action
Companies Look to Business Interruption Insurance to Recoup Pandemic Losses
The Covid-19 pandemic has triggered financial hardship as businesses have reduced operations and suffered financial losses. As a result, some businesses have turned to their insurance policies to determine if they might recover losses accrued during the pandemic. Companies are particularly looking at business interruption coverage in response to government-mandated shutdowns. Whether insurers will be […]
Data Exclusion Clause Limits Insurance Coverage for Cyber Matters
As privacy and cybersecurity concerns grow in significance, digital breaches are a growing area of legal risk. A recent decision of the Ontario Court of Appeal made clear that traditional insurance policies may not extend coverage for cyber matters, potentially leaving businesses vulnerable. On March 15, 2021, the Court released its decision in Family and […]
Waiver of Tort as a Cause of Action or the Remedy for Disgorgement?
There has been an ongoing controversy in Canada’s courts over whether the doctrine of ‘waiver of tort’ was sufficient to create a cause of action on its own. The Supreme Court of Canada (SCC) had briefly considered the issue in Pro-Sys Consultants Ltd. v Microsoft Corporation, however, this decision did not end the debate, since […]
The Duty of Care and Pure Economic Loss, Pt. 2
As mentioned at the end of our last blog post, we are continuing the discussion of the recent Supreme Court of Canada decision 1688782 Ontario Inc. v. Maple Leaf Foods Inc, a class action by a group of franchisees against a supplier. The case dealt with a legal concept referred to as ‘pure economic loss’, […]
The Duty of Care and Pure Economic Loss: Part 1
In a previous blog post, we outlined the issues in the case of 1688782 Ontario Inc. v. Maple Leaf Foods Inc, a class action by a group of franchisees against a supplier. The case dealt with a legal concept referred to as ‘pure economic loss’, meaning that the plaintiffs had clearly suffered a loss but […]
Class Proceedings and An Infinite Limitation Period
Limitation periods exist in litigation in order to facilitate a reasonable resolution to a legal matter. Without limitation periods, a party could choose to ignore a matter for years, and then pick it up out of the blue, dragging the other parties back into the courtroom after years of inaction. To give parties more certainty, […]
Changes to the Class Proceedings Act Take Effect October 1
Bill 161, a Bill including a number of amendments to several Acts, received Royal Assent earlier this year and comes into force on October 1st. One of the Acts it amends is the Class Proceedings Act (CPA). The overall goal of the amendments to the CPA is to make the class action process more efficient […]
Shareholder Disputes Expected to Rise in Canada’s Cannabis Industry
When cannabis was legalized in Canada in 2018, many people, including financial investors, assumed the industry would be a nearly foolproof opportunity. However, due to a sudden rise in class-action lawsuits in Canada and the U.S., many shareholders are facing an unexpected devaluation of stock. Some people believe this could lead to an increase in […]
SCC Deems Uber Arbitration Clause “Unconscionable”
A few weeks ago, we wrote about the enforceability of arbitration clauses in various contexts. In that discussion, we mentioned an ongoing class action in Ontario called Uber Technologies v. Heller. At the time, the case was awaiting a decision from the Supreme Court of Canada with respect to the enforceability of an arbitration clause […]