Canada: Litigation, Mediation & Arbitration

The Ontario Divisional Court has upheld a lower court's decision denying class certification in a data privacy case against Facebook, establishing important boundaries for when disgorgement remedies can be pursued in breach of contract claims. The ruling addresses whether plaintiffs can strategically elect disgorgement to avoid proving compensable loss, and reinforces fundamental prerequisites for class action certification.

The Supreme Court of Canada has clarified the legal test for spoliation, establishing a four-part framework that litigants must understand when preserving evidence. This doctrine, rooted in ancient Roman law, creates a mandatory presumption against parties who intentionally destroy or suppress relevant evidence, with courts now empowered to impose severe but proportionate remedies based on the magnitude of the misconduct.

Garnishment allows judgment creditors to intercept money owed to debtors by third parties, such as banks or employers. While this legal tool can be highly effective for debt collection in certain circumstances, it comes with procedural requirements, exemptions, and practical challenges that creditors must navigate. Understanding when garnishment works best and its limitations is essential for anyone seeking to collect on a judgment in British Columbia.