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Articles by Simon Dugas
Developments In Class Action Law: Highlights From Q1 2025
A number of important class action decisions were released in the first quarter of 2025. In particular: Ocean Pacific Hotels Ltd. v. Lee, 2025 BCCA 57: The British Columbia Court of Appeal ruled that pre-contractual dishonesty does not support a reasonable cause of action for breach of the duty of honest performance; Knisley v. Canada (Attorney General), 2025 ONCA 185: The Ontario Court of Appeal held that class proceedings cannot be "conditionally certified" on a certification motion; Tataryn v.
Top Class Action Decisions Of Q1 2024
The first quarter of 2024 saw the release of a number of important class action decisions which support the following principles: The unique circumstances of data breach claims do not mean that a proceeding will be certified in the face of bald allegations or a claim that fails to plead key elements of a cause of action; Allegations of breach of an ad-hoc fiduciary duty may be asserted on a class-wide basis against professional advisors; Despite the Ragoonanan requirement, a single...
Quebec Court Dismisses Proposed Class Action Against Cannabis Company
On January 23, 2023, the Quebec Superior Court denied leave to pursue a class action against HEXO Corp. The proposed class action raised various allegations of misrepresentation and breaches of disclosure obligations over the period of April 2018 to March 2020.1 The decision determined that the announcement of negative news followed by a decline in a public issuer’s stock price is not enough on its own to satisfy the requirements of claims for statutory misrepresentation.
Ontario Court Of Appeal: A Debtor's Assurances May Postpone The ‘Discovery' Of A Claim
Canada: Ontario Court Of Appeal: A Debtor's Assurances May Postpone The ‘Discovery' Of A Claim 22 March 2022 by Max Muñoz and Simon Dugas Aird & Berlis LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In its recent decision, Thermal Exchange Service Inc. v.
Five Key Appellate Decisions Of 2021
To print this article, all you need is to be registered or login on Mondaq.com. As we did last year, we have highlighted five appellate decisions from 2021 that we believe will have a lasting impact on commercial disputes. Good Faith in Exercising Contractual Discretion At the outset of 2021, the Supreme Court of Canada further developed the law on the duty of good faith, and outlined when the exercise of contractual discretion can cross the line and give rise to a claim for breach of good faith.
Highlights of the 2022 Federal Budget
Back to all publications Apr 8, 2022 On April 7, 2022 (“Budget Day”), Finance Minister Chrystia Freeland delivered Canada’s budget for 2022 (“Budget 2022”). Budget 2022 continues the trend established in Budget 2021 by adding significant spending initiatives, closing additional perceived tax loopholes and continuing to implement international tax measures.
Estoppel by Convention: The Ontario Court of Appeal’s Latest Take on a Relatively Rare Form of Estoppel and the Implications for Contracting Parties | Lexology
The question often arises in contractual disputes as to whether a party is entitled to rely on the strict terms of the contract in circumstances where the counter-party believes the strict terms will not be enforced. The Ontario Court of Appeal’s August 7, 2020 decision in Grasshopper Solar Corporation v.
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