Ontario Superior Court Rejects Pre-Certification Discovery in Children’s Homes Class Action

August 20, 2025

In Morrison v. Hatts Off Inc. et al., 2025 ONSC 4320, the Ontario Superior Court of Justice declined to order pre-certification discovery of sensitive Children’s Aid Society records in a proposed class action alleging systemic negligence and fiduciary breaches in children’s group homes

BC Court Rules Class Action Plaintiffs Cannot Delay Pre-Certification Applications if the Plaintiff Has Not Applied for Certification

August 18, 2025

When faced with defendants' applications brought before the plaintiff's application to certify a class proceeding, BC courts have often held that there is a presumption that certification will proceed first.

Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

August 06, 2025

In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a class of defendants and, despite objection, impose the burden on Mr. Salna to represent the interests of the defendant group (the representative defendant). 

No Common Employer Means No Class Action—Ontario Court of Appeal

June 24, 2025

The Ontario Court of Appeal has concluded that a client's influence over a service provider's processes does not establish an employment relationship between the client and the service provider's employees. The plaintiffs in Davis v. Amazon Canada Fulfillment Services, 2025 ONCA 421

BC Court Finds No Identifiable Class in Mall-Directory Camera Privacy Class Action

June 11, 2025

In Cleaver v The Cadillac Fairview Corporation Limited, 2025 BCSC 910, the BC Supreme Court refused to certify a class proceeding alleging privacy breaches of biometric data, concluding that the plaintiffs had failed to establish an identifiable class. In 2018, the defendant Cadillac Fairview Corporation Limited (Cadillac Fairview) installed cameras equipped with third-party Anonymous Video Analytics software (the Software) in Canadian mall directories to estimate visitor counts and basic age and gender demographics. Warnings that visitors may be recorded and reference to an online privacy policy were posted at mall entrances, but there was no warning on directory screens.