After nearly 15-years of protracted litigation, the Ontario Court of Appeal recently dismissed the Canadian Imperial Bank of Commerce’s appeal of Justice Belobaba’s trio of decisions,.
A general introduction to court procedure in United Kingdom (England & Wales), including key considerations surrounding time frames, representation in proceedings, access to court files and much more.
[co-author: Betsy Byra]
In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition Tribunal not having issued an opinion on the matter.
1 This decision creates a possible loophole in the Canadian Competition Act’s intent to require price maintenance claims to be adjudicated through an administrative body and creates uncertainty for the review of creatively pleaded resale price maintenance claims moving forward.
Competition Tribunal Review of Price Maintenance Claims Under the Competition Act
In 2009, Canada removed its
In July 2020, the Supreme Court of Canada released its highly
anticipated decision in
Atlantic Lottery Corporation Inc.
v Babstock Bennett Jones acted for ALC.
The decision put to rest a 16-year-long debate about “waiver
of tort” a doctrine that class action plaintiffs have
consistently alleged to be an independent cause of action that
compels defendants to disgorge all profits earned as a result of a
“wrongdoing”. Although the Supreme Court was split 5-4,
it unanimously agreed that waiver of tort is not an independent
cause of action under Canadian law.
In short, pleading waiver of tort as an independent cause of
2020 has seen several important developments in product
liability law.
These developments signal that a variety of challenges are on
the horizon for plaintiffs in 2021 in three specific areas: product
liability class actions alleging adverse health effects; claims
relating to the sale of prescription medications; and mass
tort claims.
No workable methodology : an effective defence to
certification
In 2013, the Supreme Court of Canada affirmed in
Pro-Sys
Consultants Ltd. v. Microsoft Corporation
1 that, at
certification, plaintiffs must demonstrate a workable
methodology for determining general causation on a class-wide
basis. Since then, this issue-which has often been decided in the
plaintiffs favour-has arisen frequently in proposed product