On June 20, 2014, Justice Bracken of the British Columbia Supreme Court dismissed a proposed class action against two generic manufacturers of transdermal fentanyl patches following a summary trial, prior to the certification hearing (Player v. Janssen-Ortho Inc., 2014 BCSC 1122).
The recent deluge of “all natural” class actions, about which we wrote in a previous post, continues to plague food and beverage manufacturers south of the border, in part due to the United States Food and Drug Administration’s lack of guidance on the definition of “natural”.
This has been a particularly busy week at the Supreme Court of Canada vis-à-vis cases likely to be of interest to Canadian businesses and professionals. The Court issued two significant rulings, and refused leave to appeal in another seven cases.
The Supreme Court of Canada (SCC) by unanimous decision on June 26, 2014 in the case of Tsilhqot’ in Nation v. British Columbia declared for the first time “Aboriginal title” in Canada for the Tsilhqot’in Nation over tract of land in the interior of British Columbia.
As we have previously discussed, the Ontario Securities Commission recently proposed a crowdfunding prospectus exemption aimed at facilitating greater access to capital through the exempt market, particularly for start-ups and small and medium-sized enterprises (SMEs).
You Can Stay Anonymous: Supreme Court of Canada Recognizes a Privacy Interest in Protecting Anonymity On the Internet
On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity in the context of internet usage.
The Ontario Court of Appeal recently released its decision in Boucher v. Wal-Mart Canada Corp.. The trial decision, which we wrote about in this blog, received much attention because of the unprecedented $1.46 million in damages awarded to the Plaintiff for wrongful dismissal.
The adequacy of the representative plaintiff may not be the highest hurdle for certification, but the Alberta courts remind us that the requirement still demands meaningful scrutiny.
In October 2011, the Ontario Securities Commission (“OSC“) raised the concept of offering no-contest settlements of the sort commonly employed by the US Securities and Exchange Commission (“SEC“).
This week, the Supreme Court of Canada issued two rulings, granted two leave to appeal applications, and dismissed three applications for leave to appeal, in cases likely to be of interest to Canadian businesses and professionals.