Resources, Articles, & Advocacy
Article | February 01, 2026
Go West, Young Lawyer: Is British Columbia Canada’s Class Action Capital?
What is a class action? Why do we have them? How much do lawyers and litigation funders benefit from them, and why? This article, originally published by Lexpert, gets into the nitty gritty of these questions, through the lens of how different Canadian jurisdictions approach the issues of litigation funding, adverse costs, and counsel remuneration.
Article | February 01, 2026
Certification After the Trilogy: What Still Works in Privacy Litigation
In a trilogy of cases in 2022, the Ontario Court of Appeal sharply limited the availability of the tort of intrusion upon seclusion in privacy and data breach class actions involving third-party hackers. This article considers two recent Ontario Superior Court of Justice decisions which demonstrate that while the Trilogy narrowed the scope of privacy class actions in Ontario, it did not necessarily close the door.
Article | February 01, 2026
No Liftoff: Court Declines to Certify Airline Supply Suppression Conspiracy Class Action
In Gifford v. Air Canada, the Ontario Superior Court of Justice denied certification of a proposed class proceeding which alleged a supply-suppression conspiracy among several airlines. This article highlights key takeaways concerning certification motions in proposed competition class actions, including the importance of taking into account the dynamics of the Canadian market and the economic complexities associated with an allegedly cartelized product.
Article | February 01, 2026
Thank you for your “Exceptional Service”: Recognizing the Role of a Representative Plaintiff in a Class Action
The responsibilities assumed by a representative plaintiff are significant and can give rise to pressure, financial risk and public scrutiny. There has been much judicial debate over the question of whether a representative plaintiff should receive some monetary amount in recognition of taking on the role. This article summarizes the Canadian courts' treatment of the issue and considers some recent and notable trends coming out of the Ontario courts.
Legislative Update | January 30, 2026
Your OBA LegUp Policy and Legislative Update Week of January 26
Eglinton LRT: The long-awaited and overbudget Eglinton LRT is targeting a February 8, 2026 launch date. More than 15 years since construction began, and six years since it was originally slated to open, the 19-kilometre, 25-station line will run between Kennedy Station and Mount Dennis.
Legislative Update | January 23, 2026
Your OBA LegUp Policy and Legislative Update Week of January 19
EV Boycott: Premier Ford is calling on Canadians to boycott Chinese-made EVs following a deal between Canada and China to allow up to 49,000 vehicles to enter Canada tariff-free.
Legislative Update | January 20, 2026
Your OBA LegUp Policy and Legislative Update Week of January 12
Premier Ford and China EVs: Following Prime Minister Carney’s meeting with Chinese President Xi, Premier Ford has raised alarm bells about the impact cheap Chinese EVs would have on Ontario's auto sector. The Premier has called the deal, which would allow up to 49,000 Chinese EVs to enter Canada tariff-free, as a lopsided deal.
Legislative Update | January 12, 2026
Your OBA LegUp Policy and Legislative Update Week of January 5
Premier Ford to Turn Over Personal Phone Records: The Ford government’s request for a judicial review of two IPC rulings on access to the Premier’s private phone logs was dismissed. In their decision, the judges wrote, “The conclusion that the Premier used his personal cellphone to conduct Cabinet Office matters is a finding of fact that attracts a high degree of deference.” The Premier’s office will be seeking leave to appeal the decision.
