Articles 2022

This article summarizes the law on whether counsel can contact former executives, an issue raised by the decision of the Superior Court of Québec in Holcman c Lightspeed Commerce Inc, 2023 QCCS 1681.

This article summarizes Davies v. Clarington (Municipality), 2023 ONCA 376, in which the Court of Appeal for Ontario refused to order litigation funders to pay a costs award against the plaintiff.

This article summarizes Navartnarajah v. FSB Group Ltd., 2023 ONSC 2574, in which the Ontario Superior Court of Justice decertified a class after substantially all class members opted out.

This article summarizes Leroux v Ontario, 2023 ONCA 314, in which the Court of Appeal for Ontario allowed a claim to proceed against the government of Ontario for long waitlists for disability benefits and a positive obligation under section 7 of the Charter.

This article summarizes Curtis v. Medcan Health Management Inc. 2022 ONSC 5176, in which the Ontario Superior Court of Justice held that class actions are preferable to ESA claims for employment cases.

This article summarizes Reilly v. Alberta, 2022 ABQB 612, in which the Court of King's Bench of Alberta certified a class action in systemic negligence, even though the Court of Appeal for Ontario refused to certify a similar case.

This article challenges the theory that the Class Proceedings Act, 1992, is purely procedural, identifying cases where it was used to modify substantive rights.

This article summarizes Heyder v. Canada (Attorney General), 2023 FC 28, in which the Federal Court created a framework for assessing a large number of late claims from the settlement.

This article summarizes Facebook, Inc. v. Douez, 2023 BCCA 40, in which the British Columbia Court of Appeal allowed the defendants to appeal a liability decision even though the damages trials were still outstanding.

This article summarizes Price v. Lundbeck A/S, 2022 ONSC 7160, in which the Ontario Superior Court of Justice refused to certify a class action alleging that a product caused teratogenicity because that covered hundreds of different congenital defects and the evidence was not specific to each defect.