Articles 2019


Not Waiving, but Drowning: Supreme Court of Canada Kills Waiver of Tort as an Independent Cause of Action

  • October 20, 2020
  • Suzanne Chiodo, assistant professor, Western Law

After decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp Inc v Babstock, released on July 24, 2020, the Supreme Court of Canada killed off the concept once and for all. What is waiver of tort, how did it arise in this case, and why its sudden demise?

Class Actions, Student Forum

Let it Rain: Supreme Court Green Lights Umbrella Purchaser Class Actions

  • October 16, 2019
  • Chris Kinnear Hunter and Paul-Erik Veel

On September 20, 2019, the Supreme Court released its long-awaited decision in Pioneer Corp v Godfrey. Godfrey is the Supreme Court’s latest decision involving price-fixing class actions, and expands on and clarifies the basic approach to these cases that the Court laid out six years ago in Pro-Sys Consultants Limited v Microsoft Corporation.

Class Actions, Student Forum

Blaney's Appeals: Court of Appeal Summaries (September 30 – October 4)

  • October 11, 2019
  • John Polyzogopoulos

Topics this week included family law, costs in the wills and estates context, contractual interpretation, assessment of accounts in the condominium law context, and stay pending leave to appeal to the Supreme Court of Canada.

Civil Litigation, Class Actions, Student Forum

A Pyrrhic Victory in a One-man Class Action Trial

  • May 11, 2019
  • Tina Yang

In Davies v. The Corporation of the Municipality of Clarington, a single class member proceeded to trial - and despite being the successful party, ended up with a $2.5 million adverse costs award for his trouble.

Class Actions, Student Forum

Brazeau v. Canada: Ontario court explores un-Chartered territory

  • April 26, 2019
  • Janeta Zurakowski

In Brazeau v. Canada, 2019 ONSC 1888, the Ontario Superior Court of Justice awarded $20 million in damages for class-wide systemic Charter breaches following a successful summary judgment motion by the class.

Class Actions, Student Forum