Supreme Court clarifies risk of loss due to fraudulent EFTs

The SCC released a short decision on December 10 confirming unanimously that it is the bank’s customer who bears the risk of loss of an amount that the bank transferred by electronic payment order from the customer’s account to a third party as a result of a phishing scam1. The decision adopts the reasoning of […]

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Supreme Court of Canada decision is end of the road for sexual harassment class action Rozon c. Les Courageuses

Against the backdrop of an ongoing criminal trial, the Supreme Court of Canada has denied an application for leave to appeal from the Québec Court of Appeal’s refusal to authorize a sexual harassment class action against Québec businessman and Just for Laughs founder Gilbert Rozon1. The Québec Court of Appeal denied authorization on the basis […]

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Torys litigation team receives accolades at 2020 Benchmark Litigation Canada Awards

We are delighted to announce that Torys’ litigation practice has been honoured with four awards at the 2020 Benchmark Litigation Canada Awards, including Ontario Litigator of the Year and Product Liability Firm of the Year. Chair of the firm’s Litigation and Dispute Resolution practice Linda Plumpton was named Ontario Litigator of the Year. She has […]

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Liability for unlawful arrest and right to refuse to comply

By Sylvie Rodrigue, Ad. E. On November 29, 2019, the Supreme Court of Canada (SCC) rendered its decision in Kosoian v. Société de transport de Montréal, 2019 SCC 59 and unanimously ruled in favour of Bela Kosoian, overturning the decisions of the Québec courts below and ordering the Société de transport de Montréal (STM) (the […]

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Unlawful and unreasonable arrest: Victory for the Canadian Civil Liberties Association in Supreme Court civil liability case

By Torys’ Litigation and Dispute Resolution Practice On November 29, the Canadian Civil Liberties Association (CCLA), as intervener, won a major victory in the Supreme Court of Canada (SCC) case of Kosoian v. Société de transport de Montréal. Torys represented the CCLA in its intervention with a team comprised of Sylvie Rodrigue, Marie-Ève Gingras and […]

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The Overcompensation Scheme in Québec Consumer Protection Class Actions

Partner Sylvie Rodrigue and senior associate Marie-Ève Gingras have written a piece called “The Overcompensation Scheme in Québec Consumer Protection Class Actions” in a publication by the International Bar Association. The article discusses the history and reasoning behind Québec’s generous class action and consumer protection regimes, and how this has arguably leveled out the economical […]

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Québec Introduces New Surveillance Rules for Long-Term Care Facilities

By Molly Reynolds | Eve-Lyne Morin New regulations approved by the Québec government which outline the installation and use of surveillance mechanism in long-term care facilities will come into effect on March 7. The regulation is a part of the adoption of Bill 115, An Act to Combat Maltreatment of Seniors and Other Persons of […]

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Top 10 Court Decisions from 2017 Affecting Your In-House Practice

This session will provide an analysis of decisions from significant cases decided in 2017, which have important implications for in-house legal counsel. When: February 14, 2018 Where: Fairmont Queen Elizabeth 900 René-Lévesque Blvd W, Notre-Dame Room Time: 12:00-12:15 p.m. Lunch 12:15-1:30 p.m. Seminar Panelists: Sylvie Rodrigue Ad. E., Christopher Richter, Matthew Angelus, Eve-Lyne Morin. To […]

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Sylvie Rodrigue Named Winner of LMG Life Sciences Award

We are thrilled to announce Torys partner Sylvie Rodrigue has been named the Legal Media Guide’s (LMG) Life Sciences Canadian Product Liability Attorney of the Year. The LMG Life Sciences directory recognizes the top firms and lawyers practicing in all areas within Life Sciences. Leading firms and lawyers are nominated for the awards following interviews […]

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Is it Still Possible to Challenge a Class Action in Québec at the Authorization Stage?

Québec Court of Appeal’s recent case law reinforces the Supreme Court of Canada’s liberal interpretation of authorization criteria By Sylvie Rodrigue and Marie-Ève Gingras In 2016, the Québec Court of Appeal has allowed no less than five appeals from judgments that refused to authorize class actions. In Charles v. Boiron Canada inc.,1 Sibiga v. Fido […]

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Sylvie Rodrigue Sought for Comment on Changing Landscape for Class Actions

Two new changes to Québec’s Code of Civil Procedure will influence important aspects of how class actions are conducted in the province. Partner and class actions expert Sylvie Rodrigue provides her insight into the changing dynamics of the class actions arena for Les Affaires. Below is an excerpt of the article, translated into English: “In […]

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SCC Rules on Threshold to Commence an Action Based on the Secondary Market Liability Regime

On April 17, 2015, the Supreme Court of Canada released its decision in Theratechnologies Inc. v. 121851 Canada inc., confirming that the “reasonable possibility” test provided for under section 225.4 of the Quebec Securities Act for authorization to commence an action under the new Quebec statutory secondary market liability regime and the leave test in […]

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Québec Court of Appeal clarifies the role of the representative plaintiff and how to apply the proportionality principle in the context of article 1003 CCP

On February 5, 2015, the Québec Court of Appeal (QCA) rendered its decision in Lévesque v. Vidéotron, s.e.n.c., concluding that the level of competence that a proposed representative must demonstrate to prove that he or she is in a position to represent the members of the proposed class adequately is minimal, and that the amount […]

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Supreme Court Addresses Provincial Regulation of Banks and Class Action Standing in Bank of Montreal v. Marcotte Trilogy

The Supreme Court of Canada recently released its decision in Bank of Montreal v. Marcotte and its companion cases, Marcotte v. Fédération des caisses Desjardins du Québec and Amex Bank of Canada v. Adams. It held that: (1) certain provincial consumer protection legislation imposing fee disclosure requirements on credit card issuers, and remedies for their […]

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Supreme Court of Canada Rules that Commonality Requirement in Class Actions is Broader and more Flexible in Quebec

On January 16, 2014, the Supreme Court of Canada (SCC) rendered its decision in Vivendi Canada Inc. v. Dell’Aniello, concluding that the commonality requirement in Quebec civil procedure for the authorization of a class action is broader and more flexible than it is in the common law provinces. In a unanimous decision, the SCC ruled […]

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