Outside of Canada, there were several appeal decisions from the U.S. Supreme Court in 2013 that may well prove to have an impact here in Canada.
In regards to class action waiver clauses, a six justice majority of the U.S. Supreme Court held, in American Express Co. v. Italian Colors Restaurant, that the Court could not invalidate an express class action waiver in an arbitration agreement and so the claims should be continued by arbitration (although, the three remaining justices handed down a very strong dissent). This is an issue that has had little comment so far in Canada and has yet to be considered by our own Supreme Court. … Continue Reading
In B.C.’s first certification decision of 2014, and despite several very recent pro-certification rulings from the Supreme Court of Canada, defendants obtained a de-certification order. In light of B.C.’s pro-certification bent (see my earlier blog on this issue HERE), this is significant.
The case, Wakelam v. Wyeth et al. (cited and reviewed in more detail by my colleague, Brandon Kain, HERE), is a claim against various manufacturers of children’s cough and cold medication for relief due to the manufacturers’ sale of the medicines prior to a Health Canada order requiring such medicines not be marketed for children under six years of age and requiring re-labelling to that effect. … Continue Reading
Canadian employers continue to watch as class actions regarding employees’ claims for “overtime” compensation move forward. Although overtime class actions are relatively new to Canada, 2013 saw developments in the area.
Ontario’s Court of Appeal allowed the certification in two cases in 2012 (Fulawka and Fresco); and on March 21, 2013 the Supreme Court of Canada denied leave to appeal those decisions; meaning those class action claims may now proceed towards trial. The Ontario Court of Appeal granted leave to appeal a Superior Court’s decision to deny certification in the Brown v. CIBC overtime claim, which could lead to certification being granted in 2014. … Continue Reading