Articles 2023

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.

Recent updates in Ontario and Federal pension legislation, regulatory policy, caselaw and taxation.

Please find below our summaries of the civil decisions of the Court of Appeal of Ontario for the week of September 16, 2024. There were only two civil decisions of any length.

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.

Please find below our summaries of the civil decisions of the Court of Appeal of Ontario for the week of September 9, 2024. It was a very busy week.

In May, the Ontario Securities Commission (OSC) announced a set of initiatives it is testing to support early-stage capital raising for Ontario businesses. The initiatives include an extension of Ontario Instrument 45-507 Self-Certified Investor Prospectus Exemption (Interim Class Order), which permits Ontario investors who may not meet the accredited investor financial criteria, but have qualifying education or work experience, to invest in private Ontario businesses.