Articles 2023

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.

Discussion of a February 27, 2024 program held by the University of Ottawa’s Interdisciplinary Research Laboratory on the Rights of the Child titled, “Parents, Schools and Children's Rights."

Third party claims are intricately connected to allegations pleaded in the statement of claim. When a plaintiff does not claim damages from anyone other than the defendant, the defendant cannot pursue a claim for contribution and indemnity. An employer may find themselves unable to pursue a third party claim against a disability benefits provider when the plaintiff seeks recovery for disability benefits in the context of a wrongful termination action.

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.

In the recent decision of Grozelle v. Corby Spirit and Wine Limited, 2023 ONSC 7212, the Ontario Superior Court of Justice has affirmed the impact of the CPA amendments to the preferability criteria as imposing a stricter, more rigorous test for certification, as was first stated by the Court in Banman v. Ontario, 2023 ONSC 6187. The decision in Corby is also the first time the amended preferable procedure criterion has not been met.

This case comment of Cameron-Gardos v. Crawford and Company (Canada) Inc., 2024 ONSC 700, considers the test for seeking leave to sue a class action administrator in the context of a class action settlement agreement.