Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…
Practice Area: Litigation
2023 in Review – Key Legislative Updates
Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…
Ontario Court of Appeal Clarifies Transition Provision in Class Proceedings Act, 1992
Ontario’s class proceedings legislation was amended in 2020 and the Ontario courts have recently addressed the question of “transition” for cases begun under the “old” version of the legislation. In Martin v. Wright Medical Technology Canada Ltd., the Ontario Court of Appeal confirmed that there is a “bright line” between actions started under the Class…
The Year in Review – 2023 Cases of Note
We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…
Ontario Court Considers New Preferable Procedure Test
One of the important parts of the test for certification of a proposed class proceeding is that a class proceeding would be the preferable procedure for the resolution of the common issues. In Banman v. Ontario, the Ontario Superior Court of Justice (Court) provided the first detailed interpretation and application of the revised preferable procedure…
Court Considers Appropriate Pleadings in Class Action Context
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…
Ontario Court Approves Settlement Amount in Employee Misclassification Class Action
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…
BC Court Denies Application to Stay a Class Action Appeal in Order to Avoid “Litigation in Slices”
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…
Appellate Court Denies Certification of Class Actions Claiming Intrusion Upon Seclusion
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…
Beyond COVID-19: 2022 Year in Review – Cases and Legislation of Note
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.