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
There were a number of important appeal decisions in Canadian class action cases in 2013 in which determined a variety of interesting issues in securities law, competition law, consumer protection actions and the problem of individual (vs. common) issues.
First, in the securities law realm, the Supreme Court rendered its much-anticipated decision in AIC Limited v. Fischer, the mutual fund “market timing” case, settling the issue that private class actions can co-exist with securities regulatory enforcement proceedings and that settlement of a regulatory proceeding does not preclude certification of a class action on behalf of the same class of investors who received compensation through the regulatory process.… Continue Reading