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An attempt at a class-action lawsuit against a social media giant has been dismissed by the Supreme Court of British Columbia.

In Setoguchi v Uber, the Alberta Court of Queen's Bench reiterated that courts hearing applications for certification of class action proceedings fulfill an important gatekeeping function, and the case may signal a move toward a more rigorous application of the Class Proceedings Act. Background The proposed representative plaintiff applied to certify a national class action against the defendants. She alleged, among other things, negligence and breach of contract stemming from a hack in which electronic information about the defendants' users was illegally accessed. On the basis of the cert...

Jurisdiction Pursuant to s. 5 of the Class Proceedings Act First, the Court of Appeal reviewed the history of multijurisdictional class action proceedings in Canada, citing the “patchwork of legislation across the country” that led to inconsistent principles regarding duplicative proceedings. In so doing, the Court noted that this history demonstrates that we are still “in the evolution of a culture shift” that requires practical mechanisms to consistently address overlapping and duplicative class proceedings in multiple provinces. In Alberta, multijurisdictional amendments were inco...

2020 has seen several important developments in product liability law. These developments signal that a variety of challenges are on the horizon for plaintiffs in 2021 in three specific areas: product liability class actions alleging adverse health effects; claims relating to the sale of prescription medications; and "mass tort" claims. No "workable methodology": an effective defence to certification In 2013, the Supreme Court of Canada affirmed in Pro-Sys Consultants Ltd. v. Microsoft Corporation 1 that, at certification, plaintiffs must demonstrate a "workable methodology" for determining...

To print this article, all you need is to be registered or login on Mondaq.com. The past twenty years of securities litigation shed light on what businesses involved in Canada's capital markets can expect in the future. Whether the cases involve issuers of securities or dealers and advisers in securities, experience demonstrates that trends in securities litigation are driven by the state of the economy, investment product innovation and related regulatory initiatives. These key drivers tell us that, in looking to 2021 and beyond, Canadian securities market participant...