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Canada: Ontario Court Strikes Several Franchisee Claims In Shoppers Drug Mart Class Proceeding - Cassels Brock

In a recent decision of the Ontario Superior Court of Justice, Spina v. Shoppers Drug Mart Inc., the Honourable Mr. Justice Perell heard a motion for certification of a franchise class action as well as a cross-motion by the defendant under Rule 21 to strike various elements of the plaintiffs’ amended statement of claim.        

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Canada: Ontario Court Considers Franchise Class Action Challenging Scope Of Franchisors’ Right To Profit From Franchisees - McCarthy Tétrault LLP

In Spina v. Shoppers Drug Mart Inc., 2012 ONSC 5563, Justice Perell for the Ontario Superior Court has given judgment in the first stage of a class action certification motion brought on behalf of franchisees of Shoppers Drug Mart.

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Canada: Certification Denied In Consumer Product Class Action - Blake, Cassels & Graydon LLP

Justice Perell of the Ontario Superior Court of Justice recently dismissed the plaintiffs’ class certification motion in Arora et al. v. Whirlpool Canada LP and Whirlpool Corporation on the basis, in part, that there can be no recovery in a product liability negligence action for pure economic losses against the manufacturer of a non-dangerous consumer product.

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Canada: Carriage Motions: What Is The Preferred Form Of A Class Action? - Lerners

To paraphrase Justice Perrell, a carriage motion has aspects of a casting call or a rehearsal for certification, whereby competing plaintiff counsel submit that their proposed class action and plan will best serve the interests of class members.

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Canada: Reasonable – But Diminished – Expectation Of Privacy In Contents Of Employer-Owned Laptop - Borden Ladner Gervais LLP

Justice Fish, writing for the majority of the Supreme Court of Canada, has held that while an employer's ownership of a laptop, its workplace policies and practices, and technology in place can diminish an employee's reasonable expectation of privacy, they do not eliminate it: R v Cole, 2012 SCC 53.        

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