Class Actions Insights

Image for Recalling the necessity of imminent risk of real and substantial danger in pure economic loss claims

Recalling the necessity of imminent risk of real and substantial danger in pure economic loss claims

Insight

Published: October 21, 2024

Authors: Jason Mohrbutter, K.C., Riley Cockwill

Categories: Class Actions, Commercial Litigation, Litigation

The Saskatchewan Court of Appeal (the “SKCA”) recently released companion decisions involving recoverability for pure economic loss in proposed class actions involving alleged vehicle defects. The Court concluded that neither … Read More

Image for B.C. Supreme Court approves privacy breach class action against AI application

B.C. Supreme Court approves privacy breach class action against AI application

Insight

Published: April 9, 2024

Authors: Kristél Kriel, Danielle Barchyn, Jason Mohrbutter, K.C., Cael Hibbert, Kennedy Pinette

Categories: Class Actions, Privacy, Data Protection & Cybersecurity

In Lam v. Flo Health Inc., 2024 BCSC 391, the Supreme Court of British Columbia certified a proposed class action lawsuit against Flo Health Inc. for an alleged privacy breach … Read More

Image for Data breach and privacy claims: Delving into Del Giudice v. Thompson

Data breach and privacy claims: Delving into Del Giudice v. Thompson

Insight

Published: March 7, 2024

Authors: Danielle Barchyn, Kennedy Pinette

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

The Ontario Court of Appeal shut down the claim that a hack of database constitutes intrusion upon seclusion by the database operator, along with shutting down various other causes of … Read More

Image for Ten years gone – The dismissal of Allison v Janssen-Ortho

Ten years gone – The dismissal of Allison v Janssen-Ortho

Insight

Published: January 10, 2024

Author: Jason Mohrbutter, K.C.

Categories: Class Actions, Commercial Litigation

I'm never gonna leave you I never gonna leave Holdin' on, ten years gone Jimmy Page and Robert Plant About 10 years after issuing her claim, the representative plaintiff filed a certification application. … Read More

Image for Privacy and class action intersect: Lessons from ICBC v. Ari

Privacy and class action intersect: Lessons from ICBC v. Ari

Insight

Published: September 5, 2023

Authors: Kristél Kriel, Jason Mohrbutter, K.C., Lynsey Gaudin, Cael Hibbert

Categories: Class Actions, Privacy, Data Protection & Cybersecurity

Introduction The recent Court of Appeal decision, ICBC v. Ari, has generated widespread interest and debate amongst the privacy and class action community. This significant decision reinforces the importance of stringent … Read More

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

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

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

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

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