Articles 2022

This article reviews a decision declining to strike claims in a databreach class action, including claims based on risk of future harm and pure economic loss.

On January 31, 2024, the Ontario Court of Appeal upheld Justice Perell’s decision in Del Giudice v. Thompson, 2024 ONCA 70, maintaining the stringent approach established in recent years for “hacker” data breach cases.

This article summarizes the Alberta Court of Appeal's decision in Setoguchi v. Uber BV, focusing on the Court's consideration of the relevance of compensable harm beyond nominal damages.

This article summarizes recent decisions considering what is required to establish causation for misrepresentation claims made pursuant to the Competition Act.

This article summarizes the decision in Badesha v. Cronos Group, Inc., 2023 ONSC 5678, which considered when a court will take jurisdiction over claims of certain class member purchasers of securities on a foreign exchange.

This article summarizes Sunderland v. Toronto Regional Real Estate Board, 2023 FC 1293, in which the Federal Court allowed the action to proceed against the brokers and associations on the narrower claim that they arranged to control certain aspects of the commission structure in potential contravention of s. 45 of the Competition Act.

This article summarizes Banman v. Ontario, 2023 ONSC 6187, where Justice Perell granted certification on the new preferability criteria in s. 5(1.1) of the Class Proceedings Act.

This article summarizes Hayes v. The City of Saint John, 2023 NBCA 79, where the New Brunswick Court of Appeal recently held that municipalities are vicariously liable at common law for torts committed by its police officers during work hours, but not in the execution of core law enforcement functions.

The author considers the current state of courts' application of the test for certifying common issues.

This article summarizes the Ontario Court of Appeal's decision ordering a temporary stay of proceedings to a class action whose pith and substance pertained to a specialized tribunal's jurisdiction.