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

Court of Appeal Dismisses Overtime Eligibility Class Action Certification Appeal

On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…

The American Bar Association’s International Labor & Employment Law Committee Newsletter Publishes an Article by Jennifer Del Vecchio

An article authored by Hicks Morley’s Jennifer Del Vecchio was published in the March 2014 edition of the American Bar Association’s International Labor & Employment Law Committee Newsletter. The article entitled, “Supreme Court of Canada Authorizes Québec Class Action Regarding Reduction of Retiree Benefits” discusses the Supreme Court of Canada’s decision in Vivendi Canada Inc. v….

Class Action on Reduction of Retiree Benefits to Proceed

A proposed class action brought in Québec by retirees against their former employer was recently authorized by the Supreme Court of Canada. The claim advanced in Vivendi Canada Inc. v. Dell’Aniello related to unilateral changes made by the employer in 2009 to the retirees’ supplemental health insurance plan. The Court found that the four criteria…

SCC authorizes Québec class action regarding reduction of retiree benefits

The Supreme Court of Canada (“SCC”) recently released a unanimous decision authorizing a class action on behalf of retirees against their former employer, relating to announced changes to their supplemental health insurance plan (“Plan”). The case, Vivendi Canada Inc. v. Dell’Aniello, was decided under the specific wording of the Québec class proceedings statute. In 2009,…

SCC establishes framework for “preferability” analysis under CPA s. 5(1)(d)

The Supreme Court of Canada released a significant decision with respect to the s. 5(1)(d) “preferable procedure” criterion for certification of a proposed class action under the Class Proceedings Act, 1992 (“CPA”). The OSC investigated allegations that the appellant  implemented measures that reduced, but failed to negate, harm associated with certain market timing activities engaged in by…