Western Canada Business Litigation Blog

Category Archives: Class Actions

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“Today just got better”… unless you had a prepaid cellphone card from Bell Mobility

Posted in Civil Litigation, Class Actions

Bell Mobility’s slogan may ring hollow for some Canadians in light of the Ontario Court of Appeal’s decision in Sankar v. Bell Mobility Inc., 2016 ONCA 242, which will likely end the $200-million class action involving as many as one million Canadians. In reasons issued April 4, 2016, the Court upheld the decision of the… Continue Reading

Supreme Court clarifies balance between deterrence and protection in securities class actions

Posted in Class Actions

On December 4, 2015, the Supreme Court of Canada (the “SCC”) issued its decision in Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60. In the highly anticipated decision, a deeply divided Court rendered their reasons for a trilogy of appeals that arose from securities class action cases against CIBC, IMAX Corporation, and Celestica… Continue Reading

Out-of-Province Class Actions go to the Supreme Court of Canada

Posted in Class Actions

On November 5, 2015, the Supreme Court of Canada (the “SCC”) granted leave to appeal in two related cases: Endean v. British Columbia, 2014 BCCA 61, and Parsons v. Ontario, 2015 ONCA 158. The resolution of these two cases will shape the scope of inter-jurisdictional coordination for national class actions in Canada by determining whether… Continue Reading

Class Action Law Bulletin: Green Light for Class Actions by Consumers

Posted in Class Actions, Commercial

In a highly-anticipated and extremely significant pair of decisions for businesses and consumers alike, the Supreme Court of Canada (“SCC”) ruled on Thursday (October 31, 2013) that the ultimate consumers at the end of a supply chain can effectively leap-frog the supply chain by having direct legal recourse in a class action against a manufacturer… Continue Reading

B.C. Supreme Court Rejects Certification of Proposed REDMA Class Action

Posted in Class Actions, Construction, Real Estate

In June 2012, my colleague, Craig Ferris wrote about the B.C. Court of Appeal decision in 229 Burrard Residential Limited Partnership v. Essolat where the Court endorsed a strict application of the terms of the B.C. Real Estate Development Marketing Act (“REDMA”).  There, the Court set aside a pre-construction sales contract and ordered the return… Continue Reading

Is the Future Class Proceedings? – TELUS’ Mandatory ADR Agreement is Unenforceable

Posted in Civil Procedure, Class Actions

Class proceedings are a powerful tool for consumers and lawyers.  In practical terms, class proceedings allow otherwise uneconomic claims to be brought and often create large monetary exposure to Defendants.  This occurs through aggregation.  If a class proceeding is “certified”, it will “aggregate” all of the claims of a “class” of claimants into one claim. … Continue Reading