Canada: Class Actions

La Cour d'appel du quatrième circuit a annulé une certification d'action collective contre Boeing, établissant que les demandeurs doivent présenter une méthodologie concrète pour calculer les dommages-intérêts dès l'étape de la certification. Cette décision américaine trouve des échos au Canada, où les tribunaux appliquent également des mécanismes de filtrage rigoureux pour les actions collectives en valeurs mobilières sur

On September 4, 2026, in Paradis Honey Ltd. v Canada, 2026 FCA 150, the Federal Court of Appeal upheld the Federal Court's determination that the Canadian Food Inspection Agency...

A Quebec Superior Court has authorized a class action examining whether professional contact information collected by business intelligence platform Apollo.io falls within Quebec privacy law's "professional information" exception. The case raises critical questions about the boundaries between protected personal data and exempted professional information in today's digital workplace, particularly regarding cell phone numbers, LinkedIn profiles, and algorithmic profiling outputs.

The BC Court of Appeal has reaffirmed the courts' gatekeeping role at certification, upholding a lower court's refusal to certify a privacy class action where plaintiffs failed to provide any evidentiary basis for their central allegation that shopping mall directory software recorded facial images and converted them into biometric data. This decision clarifies the evidentiary burden required to satisfy the "some basis in fact" standard at the certification stage in British Columbia.

In June 2026, the federal government introduced Bill C-36, which would effectively replace the existing Personal Information and Electronic Documents Act (“PIPEDA”) with a new Protecting Privacy...

On June 26, 2026, the Government of Ontario and Warwick (Rick) Brown, the court-appointed representative plaintiff in the Ontario Training Schools class action lawsuit, jointly announced that a $60 million settlement agreement had been approved by the Ontario Superior Court of Justice. The class action settles claims arising from historic neglect, deprivation, abuse, and solitary confinement suffered by individual harm while residing at 13 specific Ontario Training Schools between 1953 and 1984, on behalf of all individuals who qualify; thus, all qualifying induvial are automatically considered “Class Members”.

The British Columbia Court of Appeal has weighed in on a longstanding debate in class action law: whether the commonality test should be characterized as a one-step or two-step analysis. In two recent opioid-related cases, the court clarified the evidentiary standard plaintiffs must meet when establishing that proposed common issues exist and can be resolved on a class-wide basis. The decisions emphasize a functional, pragmatic approach that focuses on whether certification will avoid duplication of litigat

The British Columbia Supreme Court has reinforced stringent requirements for secondary market misrepresentation claims, denying leave in a case where the plaintiff failed to provide admissible evidence, properly plead alleged misrepresentations, and meet limitation period requirements. The decision clarifies that the Class Proceedings Act does not suspend limitation periods for claims that plaintiffs have failed to properly advance, and confirms the court's gatekeeping role in screening unsubstantiated secu

The Ontario Superior Court's recent decision in Yee v. Telus International marks a significant shift in how Canadian courts handle parallel securities class actions, refusing to stay proceedings despite substantially similar claims in British Columbia. This ruling suggests that well-resourced corporate defendants may face increasing difficulty consolidating duplicative litigation, particularly when TSX-listed companies are involved, raising important questions about fairness, efficiency, and the burden of d