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After nearly 15-years of protracted litigation, the Ontario Court of Appeal recently dismissed the Canadian Imperial Bank of Commerce’s appeal of Justice Belobaba’s trio of decisions,...
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In July 2020, the Supreme Court of Canada released its highly anticipated decision in Atlantic Lottery Corporation Inc. v Babstock—Bennett Jones acted for ALC. The decision put to rest a 16-year-long debate about “waiver of tort”—a doctrine that class action plaintiffs have consistently alleged to be an independent cause of action that compels defendants to disgorge all profits earned as a result of a “wrongdoing”. Although the Supreme Court was split 5-4, it unanimously agreed that waiver of tort is not an independent cause of action under Canadian law. In short, pleading wa...
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...