Class Actions Insights

Image for Vehicle Recall Notices Aren’t Necessarily Enough to Certify Class Action, Court Rules

Vehicle Recall Notices Aren’t Necessarily Enough to Certify Class Action, Court Rules

Insight

Published: April 6, 2022

Authors: Jason Mohrbutter, K.C., Zoe Johansen-Hill

Categories: Class Actions

The Court of Queen’s Bench for Saskatchewan recently denied certification of a proposed class action alleging negligent design and manufacture of numerous vehicle models spanning several decades. In Kane v FCA… Read More

Image for Privacy Class Actions: Continued Difficulty in Jumping over the Certification Hurdle

Privacy Class Actions: Continued Difficulty in Jumping over the Certification Hurdle

Insight

Published: February 28, 2022

Authors: Jason Mohrbutter, K.C., Kristél Kriel, Nicole Graham

Categories: Class Actions, Litigation, Privacy, Data Protection & Cybersecurity

The British Columbia Superior Court (“BCSC”) recently denied certification of a proposed class action alleging user privacy violations in Chow v Facebook, 2022 BCSC 137 (“Chow”). This denial demonstrates that… Read More

Image for Recall Evidence and Some Basis in Fact at Certification Motions

Recall Evidence and Some Basis in Fact at Certification Motions

Insight

Published: July 13, 2021

Authors: Jason Mohrbutter, K.C., Zoe Johansen-Hill

Categories: Class Actions, Commercial Litigation

Is the presence of a product recall sufficient to support a class action proceeding? Two recent appellate decisions involving automotive recalls illustrate that recalls cannot be blindly relied on as… Read More

Image for Some Evidence of Harm Hard to Come By

Some Evidence of Harm Hard to Come By

Insight

Published: February 24, 2021

Authors: Jason Mohrbutter, K.C., Kristél Kriel, Nicole Graham

Categories: Class Actions, Privacy, Data Protection & Cybersecurity, Technology Projects & Transactions

Setoguchi v Uber and Simpson v Facebook When widespread data privacy breaches occur, compromised organizations have genuine concern that class action certification is likely to follow. However, two recent decisions illustrate… Read More

Image for Some Say Timing is Everything: Recent Developments in the Sequencing of Pre-Certification Motions

Some Say Timing is Everything: Recent Developments in the Sequencing of Pre-Certification Motions

Insight

Published: August 12, 2020

Authors: Jason Mohrbutter, K.C., Allison Graham

Categories: Class Actions

In recent decisions, Saskatchewan, Alberta, and British Columbia Courts have closely considered the issue of the appropriate timing of pre-certification motions. These courts have rejected a categorical bar to pre-certification preliminary… Read More

Image for A Long Waive Goodbye: Atlantic Lottery Corp v Babstock 2020 SCC 19

A Long Waive Goodbye: Atlantic Lottery Corp v Babstock 2020 SCC 19

Insight

Published: July 27, 2020

Authors: Jason Mohrbutter, K.C., Michael Marschal

Categories: Class Actions

A narrow majority of the Supreme Court of Canada recently struck and dismissed a proposed class action claiming the Atlantic Lottery Corporation (“ALC”) should disgorge their profits from video lottery… Read More

Image for It’s Settled — The Binding Nature of Class Settlement Agreements

It’s Settled — The Binding Nature of Class Settlement Agreements

Insight

Published: April 20, 2020

Author: Jason Mohrbutter, K.C.

Categories: Class Actions

It is a common feature of class certification and settlement that many class members will be unaware of the existence of either. While adequate notice of certification and settlement is… Read More

Image for Objectors Unwelcome in the Court of Appeal: Home Depot of Canada Inc. v Hello Baby Equipment Inc., 2020 SKCA 7

Objectors Unwelcome in the Court of Appeal: Home Depot of Canada Inc. v Hello Baby Equipment Inc., 2020 SKCA 7

Insight

Published: February 5, 2020

Authors: Jason Mohrbutter, K.C., Allison Graham

Categories: Class Actions

In Home Depot of Canada Inc. v Hello Baby Equipment Inc., 2020 SKCA 7, the Court of Appeal confirmed that in Saskatchewan, individual class members have no right to appeal… Read More

Image for Parallel Multi-Jurisdictional Class Proceedings: Part III

Parallel Multi-Jurisdictional Class Proceedings: Part III

Insight

Published: May 16, 2019

Author: Jason Mohrbutter, K.C.

Categories: Class Actions, Litigation

This post updates our previous blogs on parallel multi-jurisdictional proceedings in Saskatchewan. Read part 1 Read part 2 Those blogs discussed the ability for plaintiffs from other jurisdictions in parallel class… Read More

Image for A Striking Lack of Expertise: Stout v Bayer Inc.

A Striking Lack of Expertise: Stout v Bayer Inc.

Insight

Published: December 11, 2017

Author: Jason Mohrbutter, K.C.

Categories: Class Actions

Authors: Jason Mohrbutter, Adryan Toth The Saskatchewan Court of Queen’s Bench has reaffirmed that judges play an important gatekeeper role in ensuring that only properly qualified experts be permitted to provide… Read More