Articles 2022

Today
Today

Class Actions Takeaways from Canada v. Power: Where Next for Charter Damages?

  • September 30, 2024
  • Caitlin Leach

This article reviews the majority decision in Canada (Attorney General) v. Power, 2024 SCC 26, regarding the limited availability of Charter damages for unconstitutional legislation, a subject of interest to those litigating class actions against governments.

Class Actions, Student Forum

Jacques v. Canada: Limitation Period Issues in Class Actions in the Federal Court

  • September 30, 2024
  • Ashley Paterson, Ethan Schiff, and Julien Sicco, Bennett Jones LLP

In Jacques v. Canada, 2024 FC 851, the Federal Court refused to certify a data breach class action because class members’ claims became limitations-barred after the proceeding was issued, but before the certification hearing. This decision reminds us that limitations are substantive rights and that class action limitations regimes vary across Canada.

Class Actions, Student Forum

Certification: First Step to Access to Justice for Immigration Detainees

  • September 20, 2024
  • Eris Ritcey

On July 7, 2024, the Ontario Superior Court of Justice in Richard v. The Attorney General of Canada, 2024 ONSC 3800 certified a class proceeding on behalf of all persons who were detained for immigration purposes in a provincial or territorial correctional facility since May 16, 2016, including a subclass of individuals with a mental health condition. The claim asserts causes of action for Charter breaches and in negligence.

Class Actions, Citizenship and Immigration Law, Student Forum

Punish My Competitor: The Common Issues Trial in Metro Taxi

  • September 20, 2024
  • Adil Abdulla

This article assesses Metro Taxi Ltd v City of Ottawa, 2024 ONSC 2725, a common issues trial decision holding a government liable for failing to enforce its laws and prosecute a competitor of the class members.

Class Actions, Student Forum

Pass Herald v. Google LLC: In Search of a Fair Return

  • June 13, 2024
  • Aryan Ziaie

This article reviews Pass Herald v. Google LLC, 2024 FC 305, in which the Federal Court of Canada approved a litigation funding agreement in a proposed competition class action and refused to impose a cap on the combined recovery of class counsel and the funder, despite the defendants’ suggestions that it do so.

Class Actions, Student Forum

No Loss, No Negligence: Ontario Court of Appeal Reaffirms that Compensable Loss Remains an Essential Component to Recovery in Negligence

  • June 13, 2024
  • Pavel Sergeyev

This article summarizes Palmer v. Teva Canada Inc., 2024 ONCA 220, in which the Ontario Court of Appeal reaffirmed that the need to plead and prove concrete injury remains an “essential component to recovery” in negligence and that product liability claims cannot generally be sustained based solely on: (a) the potential increased risk of future harm; (b) bare allegations of psychological harm; and/or (c) pure economic losses, such as out-of-pocket costs for medical services and monitoring.

Class Actions, Student Forum