Articles

This article reviews Pass Herald v. Google LLC, 2024 FC 305, in which the Federal Court of Canada approved a litigation funding agreement in a proposed competition class action and refused to impose a cap on the combined recovery of class counsel and the funder, despite the defendants’ suggestions that it do so.

The recent decision Barbiero v. Pollack, 2024 ONSC 1548, offers guidance to class action practitioners as to when the Court will dismiss a certified class action for delay.

The Supreme Court of Canada's guidance about statutorily implied terms under the Sale of Goods Act has implications for product liability class proceedings. This article analyzes the breadth of exclusionary clauses applicable to such terms.

This article considers the incidence and implications of potential fraudulent activity in class actions claims processes.

This article compares and contrasts two recent decisions in Federal Court fee approval motions pertaining to mega settlements.

This article summarizes Palmer v. Teva Canada Inc., 2024 ONCA 220, in which the Ontario Court of Appeal reaffirmed that the need to plead and prove concrete injury remains an “essential component to recovery” in negligence and that product liability claims cannot generally be sustained based solely on: (a) the potential increased risk of future harm; (b) bare allegations of psychological harm; and/or (c) pure economic losses, such as out-of-pocket costs for medical services and monitoring.

This article summarizes Lochan v. Binance Holdings Limited, 2024 ONSC 2302, in which the Ontario Superior Court of Justice granted certification of the first Canadian class action against a cryptocurrency platform for the illegal trading and distribution of securities.

Did you know you may be required to serve the Public Guardian and Trustee with notices in your class action? Sections 17(8) and 27.1(9) of the Class Proceedings Act requires service on the Public Guardian and Trustee “if there is a reasonable possibility that the Public Guardian and Trustee is authorized to act on behalf of one or more class or subclass members.”

This case comment reviews a motion to strike in a product liability matter that concludes claims for statutory warranties require privity of contract, and claims in negligence require compensable damages to person or property, or real and substantial danger.

This article summarizes Underhill v. Medtronic Canada, 2023 ONSC 5919, in which the Superior Court adjourned the representative plaintiffs’ motion to discontinue the proposed class action, but utilized multijurisdictional class action protocols to address multijurisdictional sequencing issues raised by the defendants.