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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,...
A general introduction to court procedure in United Kingdom (England & Wales), including key considerations surrounding time frames, representation in proceedings, access to court files and much more.
[co-author: Betsy Byra] In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition Tribunal not having issued an opinion on the matter. 1 This decision creates a possible loophole in the Canadian Competition Act’s intent to require price maintenance claims to be adjudicated through an administrative body and creates uncertainty for the review of creatively pleaded resale price maintenance claims moving forward. Competition Tri...
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...