Canada: Class Actions

The Ontario Court of Appeal unanimously overturned a lower court decision that had struck down provincial legislation requiring the removal or reconfiguration of Toronto bicycle lanes, holding that such ordinary legislation does not become constitutionally entrenched simply because it creates a benefit. The court forcefully reaffirmed that legislatures retain the power to amend or repeal their prior policy choices unless the Charter independently prevents them from doing so, and that courts must distinguish

En juin 2026, le gouvernement fédéral a présenté le projet de loi C-36, qui remplacerait la Loi sur la protection des renseignements personnels et les documents électroniques (la LPRPDE) par une nouvelle...

How can lawyers better support clients who have experienced trauma? This article explores trauma-informed legal practice, examining how traditional litigation processes can inadvertently re-traumatize vulnerable clients and what steps legal professionals can take to create safer, more effective advocacy in personal injury, institutional abuse, and medical malpractice cases.

Since 2019, Siskinds LLP has represented the plaintiffs in proposed JUUL class actions across Canada, alleging that the e-cigarette devices are hazardous products but were falsely marketed as a desirable, safe and healthier alternative to smoking. These Canadian lawsuits allege the defendants failed to properly inform Canadians, especially children, adolescents and young adults, of the dangers associated with the use of JUUL products.

This quarter's Ontario class action decisions reveal evolving judicial approaches to parallel proceedings, individual action stays, and the predominance test. Courts examined novel duty-to-recall...

McCarthy Tétrault's National Appellate Litigation Group examines five significant Canadian appellate decisions from 2025-2026, analyzing their implications for business law, securities regulation, environmental protection...

Video game “loot boxes” – digital mystery packages that generate random virtual items in exchange for real money – are a multi-billion-dollar business.

A British Columbia Supreme Court has certified a class action arising from a 2020 ransomware attack, finding that mere exposure of personal data may constitute unauthorized "access" under the Privacy Act and that aggregate damages may be awarded even without individualized proof of harm.

In J.C. et al. v. Jugenburg et al., 2026 ONSC 3061, the court found that a plastic surgeon breached his duties to patients and intruded on their privacy by installing surveillance cameras throughout his clinic.