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Canadian Class Actions Monitor

Tag Archives: negligence

Flooding Damage Class Action in Manitoba: The Court of Appeal Comments on Common Issues and Preferability in Anderson v Manitoba

Posted in Class Actions

In Anderson v Manitoba,[1] the Manitoba Court of Appeal overturned a decision that had denied class certification of a nuisance claim on the basis that some of the claims did not contain common issues and that a class proceeding was not the preferable procedure.  In so doing, the Court of Appeal provided guidance regarding the application of the common issues test in nuisance claims, and confirmed the importance of access to justice as a factor in certifying a class action.

Background

The representative plaintiffs in Anderson are members of four First Nations in Manitoba that were affected by flooding in 2011.… Continue Reading

Proactive Monitoring: Lack of Employee Oversight Leads to the Certification of the first Privacy Class Action based on the novel tort of “intrusion upon seclusion”

Posted in Certification, Class Actions

On June 6, 2014, the Ontario Superior Court certified the first privacy class action based on the novel tort of “intrusion upon seclusion”, recognised in 2012 by the Ontario Court of Appeal in Jones v. Tsige.[1]

In Evans v. Bank of Nova Scotia[2], the plaintiffs sued the Bank and its employee for damages through this new tort. This decision is of interest for any employer who oversee employees that have access to customers’ confidential and financial data.

The Facts

Richard Wilson, Mortgage Administration Officer at the Bank, admitted he had access to highly confidential customer information that his girlfriend disseminated to third parties for fraudulent and improper purposes.… Continue Reading