Contracting parties normally have their remedy for breaches through the court process. However, they may agree in advance to have any differences that arise resolved through mandatory and binding arbitration. Section 7(1) of the Ontario Arbitration Act (the “Act“) allows a party of such an agreement, if the other commences a lawsuit, to apply to […]
Category Archives: Class Action
Jurisdiction Matters
Introduction In April of 2013, the Rana Plaza building in Bangladesh collapsed killing and injuring thousands of people there. Many of the victims were employed to make garments for Joe Fresh, a recognizable and popular brand of clothing for Loblaws, a Canadian business. A class proceeding was commenced in Ontario seeking to recover billions of […]
Listeria Hysteria and Duty of Care
Introduction In 2008, Maple Leaf Foods (“MLF”) (two companies) was notified by the Canadian Food Inspection Agency (“CFIA”) that some of their ready to eat meats (“RTE”) they produced for human consumption were contaminated with listeria in sufficient concentrations to be dangerous. In fact, several people fell seriously ill and some died as a result […]
The High Cost of a Stalled Class Proceeding
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