Class Action Brought by Off-Reserve Indigenous Children and Their Families Certified

In Stonechild v. Canada, Justice Phelan of the Federal Court recently certified a class proceeding brought on behalf of off-reserve Indigenous children and their families. Under the Federal Court system, this avoids the necessity or prospect of up to thirteen separate provincial and territorial class actions.  The claim seeks to hold the government of Canada…

Ontario Court Requires “Robust” Notice to Allow Class Members to Choose Whether to Opt-Out of Employment Class Action

Justice Perell, writing for the Ontario Superior Court of Justice in the ongoing Heller v. Uber class action, required a robust Notice Plan and Notice of Certification to be provided that clearly sets out sufficient information to allow class members to make an informed decision about whether or not to exercise their right to opt-out…

Ontario Superior Court Refuses to Certify Proposed Employment Class Action

In Curtis v Medcan Health Management Inc., Justice Perell of the Ontario Superior Court refused to certify a proposed class action related to vacation and statutory holiday pay, finding that a class proceeding would not be the preferable procedure for the resolution of common issues. The Ontario Employment Standards Act (ESA) requires that employees receive…

Ontario Moves Forward with Amendments to the Class Proceedings Act, 1992

Recent reforms to Ontario’s class action regime will come into effect on October 1, 2020. Ontario’s Smarter and Stronger Justice Act, 2020 (Act), which received Royal Assent on July 8, 2020, amends various statutes related to the province’s courts and justice system. Schedule 4 of the Act makes significant revisions to the Class Proceedings Act,…

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Canadian Corporate Counsel Association (CCCA) Webinar: Cybersecurity Defence, Response and Litigation

Overview To better understand strategic considerations and challenges and to gain insights as to how to navigate your obligations and implement practical measures to ensure compliance, our panelists will explore key data security and privacy issues including: Protection – policies and practices to prevent cybersecurity and privacy incidents Response – how to respond to minimize…

Uber Driver Class Action Stayed Due to Arbitration Clause

A recent decision of the Ontario Superior Court provides an important update and clarification on the applicability of arbitration clauses in a case where employment status is challenged. In Heller v. Uber Technologies Inc., the Court stayed a class action filed by a plaintiff on behalf of his fellow class members, Uber Drivers, against Uber…

Ontario Court Affirms Plaintiff’s Evidentiary Burden Under The Class Proceedings Act, 1992

In Bartholomew v. Coco Paving Inc. et al, the Ontario Superior Court recently rendered a helpful decision in dismissing a motion for certification of a proposed class action. The Court re-affirmed the evidentiary burden which must be met by a plaintiff in satisfying the four tests under sections 5(1)(b) through 5(1)(e) of the Class Proceedings…

2015 Summer Edition

FOCUS ON HUMAN RIGHTS Beyond wrongful dismissal LEGAL DEVELOPMENTS Common pitfalls: use of expert witnesses Class actions beyond certification – the case for defence through trial PROFILE A litigator at heart Download PDF