Articles

About Articles The below articles are published by the Class Actions Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Karine Bedard and Ethan Schiff

Today
Today

The Costs of Costs Uncertainty in Class Proceedings

  • April 05, 2018
  • Paul-Erik Veel, Lenczner Slaght

“Like a forest fire in this era of climate change, costs in class proceedings have gotten out of control.” These were the opening words of Justice Perell in his recent costs decision following a successful defence motion to stay the class proceedings in Heller v Uber Technologies Inc, 2018 ONSC 1690.

Civil Litigation, Class Actions

Justice Perell Stays Proposed Class Proceeding against Uber, in Favour of Arbitration in the Netherlands - Heller v Uber Technologies Inc.

  • March 26, 2018
  • Paul-Erik Veel, LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP

Under the Employment Standards Act, there is no general prohibition against the arbitration of disputes arising under employment contracts. This has given rise to the question of whether proposed class actions under the ESA should be stayed in favour of arbitration where the agreement allegedly creating the employment relationship contains a clause requiring arbitration of disputes. This was precisely the issue that arose in the recent case of Heller v Uber Technologies, 2018 ONSC 718

Class Actions

Houle-Most There Continued: Court of Appeal Determines Order Conditionally Approving Litigation Funding Agreement is Interlocutory

  • February 13, 2018
  • Christopher Wirth and Michael Tersigni,

In Houle v St. Jude Medical Inc., 2018 ONCA 88, the Ontario Court of Appeal has ruled that a decision of the Superior Court of Justice to approve a third party litigation funding agreement (“LFA”) on the condition that certain revisions be made to it (which the parties declined to accept) was an interlocutory decision for the purposes of an appeal.

Class Actions

Disrupting the Taxi Industry On a Class Wide Basis: The Certification Decision in Metro Taxi v City of Ottawa Raises Questions for Municipalities

  • January 29, 2018
  • Margaret Robbins

Since the introduction of ride sharing technology such as Uber, a legal dust-up with traditional taxi drivers and brokers seemed inevitable. Perhaps less predictable was the form that dispute would take. In Metro Taxi Ltd. v. City of Ottawa, the Court considered a certification motion for a class action brought by taxi license plate holders and brokers against the City of Ottawa for their regulatory handling of the introduction of Uber, claiming both negligence and discrimination.

Class Actions

Wheat and See: Court Neither Prevents Nor Fully Endorses Loblaw Gift Card Program

  • January 18, 2018
  • Christopher Wirth and Michael Tersigni

Justice Morgan’s recent decision in David v Loblaw, 2018 ONSC 198 demonstrates that, absent misrepresentation, misinformation or oppressive conduct, the Courts are reluctant to intervene in pre-certification agreements between defendants and putative class members wherein the defendant limits its potential exposure by offering compensation in exchange for a limited release of liability.

Class Actions

Airia Brands Inc. v. Air Canada: Case Commentary

  • December 05, 2017
  • Alexandra Teodorescu

The Ontario Court of Appeal recently released a decision in Airia Brands Inc. v. Air Canada (“Airia Brands”), clarifying the applicable test for determining jurisdiction over absent foreign claimants (“AFCs”) in a class proceeding. The decision provides important guidance on when non-residents will be included in a class.

Class Actions

Houle-Most There: Court conditionally approves third party litigation funding

  • November 09, 2017
  • Christopher Wirth and Michael Tersigni

Justice Perell in the recent decision of Houle v St. Jude Medical Inc., 2017 ONSC 5129 has endorsed with some revisions, the use of a creative third party litigation funding agreement, which included a partial contingency fee retainer together with a fee-for-services retainer for Class Counsel, as a way to further the goals of the class action regime.

Class Actions

Umbrella Purchasers: Who are they, what do they want, and why are Courts (sometimes) certifying their claims?

  • November 03, 2017
  • Paul-Erik Veel

While competition law specialists are familiar with the ongoing debate about umbrella purchaser claims, most Canadian lawyers could be forgiven for wondering what all the umbrella fuss is about. Far from being individuals who rejected raincoats or ponchos in favour of a more traditional option, umbrella purchasers are now at the center of a heated debate in Canadian competition law.

Class Actions