Articles 2019

In Sanis Health, 2024 SCC 40, the Supreme Court affirmed the constitutionality of B.C.’s “multi-Crown class action” legislation, giving the green light to the opioid health care cost recovery lawsuit brought by B.C. on behalf of all provinces, territories, and the federal government. Even more importantly, the Supreme Court commented for the first time on the validity of the national class actions model, and delivered a ringing endorsement of the status quo.

The Superior Court of Justice partially certified a class action involving allegations that certain diesel vehicles were equipped with defeat devices in Mackinnon v. Volkswagen Group Canada Inc., 2024 ONSC 4988. This decision emphasizes the long-term impact of early litigation strategies. The court clarified the scope of a partial rehearing of certification and further confirmed that certification requires a plausible damages methodology, not definitive proof.

This article considers the state of the law on aggregate damages awards, comparing two recent decisions with opposite results: Spina v. Shoppers Drug Mart Inc., 2024 ONCA 642, and Granger v. Ontario, 2024 ONSC 6503.

This article summarizes Fehr v. Sun Life Assurance Company of Canada, 2024 ONCA 847, in which the Ontario Court of Appeal upheld the dismissal of a motion to add a new common issue in a class action after certification. The court ruled the claim for "investment spread" increases was statute-barred because it was discoverable in 2016 when relevant documents were disclosed by the defendant, emphasizing that the knowledge of class counsel could be imputed to the entire class.

This article reviews Lochan v. Binance Holdings Limited, 2024 ONCA 784, in which the Court of Appeal upheld a motion judge’s decision to dismiss a defendant’s motion to stay a proposed class proceeding in favour of arbitration.

This article summarizes Longair v. Akumin Inc. et al., 2024 ONSC 3675 where the Ontario Superior Court of Justice grants a number of secondary market misrepresentation claims leave to proceed under Part XXIII.1 of the Securities Act and certifies a global class.

This article reviews the majority decision in Canada (Attorney General) v. Power, 2024 SCC 26, regarding the limited availability of Charter damages for unconstitutional legislation, a subject of interest to those litigating class actions against governments.

In Jacques v. Canada, 2024 FC 851, the Federal Court refused to certify a data breach class action because class members’ claims became limitations-barred after the proceeding was issued, but before the certification hearing. This decision reminds us that limitations are substantive rights and that class action limitations regimes vary across Canada.

On July 7, 2024, the Ontario Superior Court of Justice in Richard v. The Attorney General of Canada, 2024 ONSC 3800 certified a class proceeding on behalf of all persons who were detained for immigration purposes in a provincial or territorial correctional facility since May 16, 2016, including a subclass of individuals with a mental health condition. The claim asserts causes of action for Charter breaches and in negligence.

This article assesses Metro Taxi Ltd v City of Ottawa, 2024 ONSC 2725, a common issues trial decision holding a government liable for failing to enforce its laws and prosecute a competitor of the class members.