In a judgment issued on February 19, 2018 in the matter of Deraspe v. Zinc Electrolytique du Canada Ltée, the Quebec Court of Appeal (Justices Dutil and Roy concurring, with Justice Rancourt dissenting) confirmed the decision of the Superior Court declaring both class representative and counsel to be vexatious litigants and disqualifying them from the case. This led the majority of the Court of Appeal to make interesting comments on the role expected of the representative in the class action context.… Continue Reading
Canadian food and beverage manufacturers should take note of Sandoff v. Loblaw Companies Ltd., (“Sandoff”) a recent Saskatchewan Court of Queen’s Bench (“SKQB”) class action case concerning allegedly deceptive food labelling practices.
In Sandoff, the representative plaintiffs (the “Plaintiff”) issued a claim under Saskatchewan’s Class Actions Act, seeking to recover damages on behalf of “all persons in Canada who, on or after the [relevant date] purchased Diet Cola, Low Sodium, Caffeine Free or PC Club Soda, Low Sodium (collectively the “Low Sodium Beverages”) from Loblaws in Canada.”… Continue Reading
On March 23, 2015, the Superior Court of Québec (per Justice Pinsonnault) granted a motion by Defendant Target Corp. to dismiss a proposed class action related to the 2013 data breach that affected millions of customers in the U.S. and allegedly many hundred thousand in Canada, on the grounds that the Courts of Québec lacked jurisdiction over the Defendant Target Corp. and, therefore, over the claim. Read more.
This article was originally posted on the CyberLex blog on April 17, 2015.… Continue Reading
If your organization is currently thinking about establishing or acquiring a business in Canada, the newest edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as they enter into a business venture in Canada. Each section offers timely information and insightful commentary on different areas of law.
The book includes a chapter on dispute resolution, with sections on:Canada’s Court system class actions alternative dispute resolution electronic discovery