In a recent development in Ottawa’s “convoy class action,” Justice MacLeod of the Ontario Superior Court provided a helpful review for litigants of what will be considered an appropriate pleading under the Rules of Civil Procedure particularly in the class proceedings context. Background Li v. Barber is a proposed class proceeding commenced by an Ottawa…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
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Common Ground? Class Action Updates
In Phillip v Deloitte Management Services LLP et al, the Ontario Superior Court recently approved a $2.4 million dollar settlement in a class action alleging employee misclassification and breaches of the Employment Standards Act, 2000 (ESA). The class action commenced nearly 8 years ago and involved approximately 500 individuals who provided document review and e-discovery…
Common Ground? Class Action Updates
In Facebook, Inc. v. Douez, the Supreme Court of British Columbia denied an application by the representative plaintiff (Ms. Douez) to stay an appeal by Facebook of a class action order with respect to liability. The Court noted that while there is a general aversion to “litigation in slices,” it may be appropriate to permit…
Common Ground? Class Action Updates
In Broutzas v. Rouge Valley Health System, the Ontario Divisional Court dismissed an appeal from a motion decision that had denied certification in two class proceedings, which were focused on the tort of intrusion upon seclusion. Background The appellants gave birth at certain hospitals between 2009 and 2014 and their hospital records were improperly accessed…
FTR Now
Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.
But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.
Common Ground? Class Action Updates
In Robertson v. Ontario, Justice Belobaba of the Ontario Superior Court of Justice recently certified a class proceeding against the Ontario Minister of Long-Term Care (MLTC). The case relates to the deaths or serious illness due to COVID-19 of thousands of residents in provincially regulated long-term care (LTC) homes. Although the class proceeding was certified,…
Common Ground? Class Action Updates
In Richard v. The Attorney General of Canada, the Ontario Superior Court recently confirmed that a defendant in an Ontario class proceeding is required to file a Statement of Defence pre-certification and in accordance with the Rules of Civil Procedure, absent special circumstances justifying a deferral. The proposed class proceeding in this case centered on…
Common Ground? Class Action Updates
This post relates to an important procedural aspect of the class proceedings regime. In Somani v. International Financial Group Ltd., the Ontario Superior Court of Justice granted the plaintiffs’ motion to discontinue a proposed class action related to allegedly unpaid overtime, vacation, public holiday and premium pay. After commencing the claim, issues arose with the…
Common Ground? Class Action Updates
In a trio of cases, the Ontario Court of Appeal recently held that a claim for the tort of intrusion upon seclusion does not apply to companies who store personal information for commercial use (the “Database Defendants”) when those databases are hacked by third parties. Background In June 2022, the Court of Appeal heard three…
Case In Point
On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the Canada Emergency Response Benefit (CERB) should not be deducted from wrongful dismissal damages. The Court of Appeal held that broader policy considerations,…