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The Court of Appeal for British Columbia held that the pleaded duty of honest performance claim was bound to fail because it relied on pre-contractual inducement by dishonesty.
British Columbia Court of Appeal dismissed appeals in a class-action certification case alleging an international price-fixing conspiracy affecting Canadian purchasers.
The statement of claim failed to disclose a reasonable cause of action under s.15 because the challenged Fees do not create a distinction based on an enumerated or analogous ground as pleaded (being born abroad/non-Canadian born is not an analogous ground in this context under binding FCA authority), the plaintiffs failed to plead material facts showing adverse dignity/impact, leave to amend was properly denied, and the Federal Court properly declined to consider remaining certification criteria once the reasonable cause of action requirement failed.
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The court dismissed a Quebec defendantsâ application for a stay pending appeal of a jurisdiction ruling in the opioid class action.
La Cour autorise la webdiffusion diffĂ©rĂ©e et limitĂ©e de lâaudience de certification et de radiation, sous conditions techniques strictes, vu lâintĂ©rĂȘt public Ă©levĂ© et les risques jugĂ©s spĂ©culatifs.
The Court of Appeal dismissed requests to stay a class action pending appeal and ordered two related appeals heard together, finding no irreparable harm and that delay would prejudice the trial schedule.
The Court of Appeal has jurisdiction under s.30(3) of the CPA over all determinations made as part of the motions judge's judgment on common issues, including his rejection of a class-wide limitations bar and his certification of aggregate damages as an additional common issue; therefore the motions to quash those aspects of the Bank's appeals are dismissed.
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The court removed the named plaintiff, declined to disqualify class counsel, and allowed certification and settlement approval in a privacy class action against Google.
The Supreme Court of Canada dismissed appeals in an optical disc drive price-fixing class action, addressing discoverability, fraudulent concealment, umbrella purchasers, and certification of loss issues.
The Federal Court dismissed an appeal from a Prothonotaryâs scheduling direction, holding there is no appeal from a direction under the Federal Courts Rules.
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