Class Proceedings
Negligence Not Sufficient: The ONCA Narrows the Intrusion Upon Seclusion Tort in Owsianik v Equifax Canada Co
In Owsianik v Equifax Canada Co., 2022 ONCA 813 [Equifax], the Ontario Court of Appeal (“ONCA”) clarified the scope of the intrusion upon seclusion tort. In dismissing three separate appeals to certify class proceedings, the Court held that negligence leading to a third party committing intrusion upon seclusion does not itself amount to the tort […]
To Disclose or Not to Disclose: SCC Grants Leave in Transportation Safety Board of Canada v Kathleen Carroll-Byrne, et al.
In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 [Carroll-Byrne], the Transportation Safety Board of Canada (“the Board”) sought to appeal the Supreme Court of Nova Scotia’s (“NSSC”) interlocutory decision (Carroll-Byrne v Air Canada, 2019 NSSC 339 [Air Canada]) to allow the conditional release of the contents of the cockpit voice recorder (“CVR”) of […]
Francis v Ontario: The ONCA Upholds Charter Breaches for Any Period in Administrative Segregation for Seriously Mentally Ill Inmates
In an unanimous decision, the Ontario Court of Appeal (“ONCA” or “the Court”) dismissed the Ontario government’s appeal against the $30 million solitary confinement class action. Francis v Ontario 2021 ONCA 197 [Francis] is a significant decision for two reasons. First, the ONCA upheld the motion judge’s finding that placing seriously mentally ill (“SMI”) inmates […]
A Low Threshold for Advancing Class Actions is Reaffirmed in Desjardins Financial Services Firm Inc v Asselin
In Desjardins Financial Services Firm Inc v Asselin, 2020 SCC 30 [“Desjardins”], the Supreme Court of Canada (“SCC”) engaged in a debate about how to properly assess the law of class actions in Quebec. While the words “respectfully disagree” were used by the majority and the dissent, the decision exhibits strong differences of opinion as […]
Atlantic Lottery Corporation Inc v Babstock: SCC Rejects Waiver of Tort in Class Actions
Canadian courts have struggled with whether a "waiver of tort" stands as an independent cause of action for certification under the Class Actions Act, SNL 2001, c C-18.1 [CAA] and other provinces' equivalent acts. A waiver of tort allows the plaintiff to forego damages and seek disgorgement of the defendant's profits from wrongful conduct. Therefore, […]
No “Rule of Uber”: Arbitration Clause Found Unconscionable in Uber Technologies v Heller
This summer, the Supreme Court of Canada ruled that Uber drivers can pursue their claim that they are employees in an Ontario court. In Uber Technologies Inc v Heller, 2020 SCC 16, a majority of judges held that a mandatory arbitration clause in Uber's driver contracts was unconscionable and thus invalid. The drivers’ proposed $400 […]
Pioneer Corp v Godfrey: SCC Gives Umbrella Purchasers an Umbrella from Indeterminate Liability
When it comes to class action plaintiffs, the Supreme Court giveth and the Supreme Court taketh away. The Supreme Court of Canada (“SCC” or “Court”) did their taking last April, in Telus Communications Inc v Wellman, 2019 SCC 19 [Wellman], when they ruled that business customers with arbitration clauses in their contracts are ineligible to […]
A Valid Arbitration Agreement is a Valid Arbitration Agreement
Consumers sign contracts to gain access to all kinds of goods and services, such as credit cards, cell-phone service, and internet. Increasingly, sellers and suppliers are putting arbitration clauses into these contracts, requiring buyers to resolve their disputes through arbitration. This is not necessarily because sellers are enamoured with the virtues of arbitration. Instead, they […]