• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
Background Image
Bennett Jones Logo 100 Years
  • People
  • Expertise
  • Knowledge
  • Search
  • Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Capital Projects Energy Funds & Finance Mining View all
Advisory
Crisis & Risk Management Environmental, Social & Governance (ESG) Governmental Affairs & Public Policy
Insights News Events
New Energy Economy Series COVID-19 Resource Centre Business Law Talks Podcast
Subscribe
Bennett Jones Centennial Menu
People
Practices
Industries
Advisory Services
About
Offices
News
Careers
Insights
Law Students
Events
Search
Alumni
Payments
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 

Looking Forward: Class Actions in 2019

January 31, 2019

Download PDF

     
Download the PDF Looking Forward: Class Actions in 2019

Written by Michael A. Eizenga, Cheryl M. Woodin and Ranjan K. Agarwal

For the last six years, the Bennett Jones Class Actions Practice Group has published an annual year-in-review: our attempt to recap some highlights in class action litigation over the last year and make some soft predictions about where the practice and the law are headed in the coming year. Though class actions have been a mainstay in Ontario for almost 30 years, the practice is still developing and maturing, with new issues arising every day and new law from our appellate courts and the Supreme Court of Canada on some fundamental issues.

In this year’s edition, we start with a look at competition and antitrust class actions, an area that will surely be upended when the Supreme Court of Canada releases its decision in Godfrey v Toshiba Corporation. Then, we turn to the intersection between arbitration clauses and class actions, an issue that has been the subject of two appeals this year alone. Next we survey privacy law class actions—the Starwood database security incident is but the latest example of companies and governments grappling with class actions following privacy breaches. From a more ground-up level, we discuss the evidentiary standard in product liability class actions—despite being described as “quintessential” class actions, our courts still grapple with whether to certify these cases.

We also discuss the court’s response to third-party funding agreements—with the rise of more domestic funders and creative arrangements, we expect the courts to continue to scrutinize these agreements. Finally, we end with a discussion of class actions built on statutory breach as well as public law class actions, which are some of the most complex class actions and, as a result, generate some of the most interesting decisions.

We would be remiss not to highlight some of our group’s achievements this year: Cheryl Woodin was named Benchmark Litigation’s 2018 Class Action Lawyer of the Year; the practice group and several of its members ranked highly from Chambers and Partners; our lawyers appeared in several landmark cases in the Supreme Court of Canada (Godfrey v Toshiba Corporation and Wellman v TELUS Corporation) and the Court of Appeal for Ontario (Das v George Weston Limited, Lavender v Miller Bernstein LLP and Shah v LG Chem Ltd.); and we co-authored Class Actions in Canada, a new edition of the leading casebook on class actions and we continue to co-author Class Actions Law and Practice, which has been a leading loose-leaf service for 20 years.

Key Contacts

  • Michael A. Eizenga L.S.M. Michael A. Eizenga L.S.M., Partner
  • Cheryl M. Woodin Cheryl M. Woodin, Partner
  • Ranjan K. Agarwal Ranjan K. Agarwal, Partner

Bennett Jones Marks 100 Years of Service and Trust

Related Links

  • Insights
  • Media
  • Subscribe

Related Expertise

  • Class Action Litigation

Recent Posts

Announcements

Bennett Jones is IFLR's Canadian Corporate Firm of the Year

May 20, 2022
       

In the News

UN Secretary-General Calls for IP Sharing to Jump-Start Renewable Energy Transition

May 20, 2022
       

Announcements

Lorelei Graham Joins Bennett Jones

May 17, 2022
       

Announcements

Bennett Jones Student Scholarship Featured on Canadian Lawyer

May 16, 2022
       

Articles

Are Waivers of Corporate Opportunities a Good Idea?

May 16, 2022
       

Speaking Engagements

Annual Construction Case Law Update

May 16, 2022
       

Speaking Engagements

Bennett Jones Lawyers Present Module in Pension Administration Fundamentals Certificate Program

May 16, 2022
       

Articles

Product Liability Causes of Action in 2022

May 12, 2022
       

Announcements

Bennett Jones Shines in the Benchmark 2022 Awards

May 10, 2022
       
Bennett Jones Centennial Footer 100 Years
Bennett Jones Centennial Footer 100 Years
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
  • History
Offices
  • Calgary
  • Edmonton
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2022. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones