Class Action

Don’t expect a quick result from the Uber class-action lawsuit

By Tony Poland, LegalMatters Staff • As many as 366,359 Uber couriers in Ontario got the green light to proceed with a $400 million class-action lawsuit alleging that they are employees, and not independent contractors in a fight that has gone on for years and will undoubtedly take many more to resolve, says Toronto class-action lawyer Margaret […]

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Cybersecurity case could ultimately help shape privacy litigation

By Tony Poland, LegalMatters Staff • A cybersecurity lawsuit currently before the courts could be the catalyst in defining and expanding the interpretation of the tort of intrusion upon seclusion, says Toronto class action lawyer Margaret Waddell. At issue in Owsianik v. Equifax Canada Co. was “the question of whether a claim for intrusion upon seclusion can succeed against the

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Drinking water lawsuits could get politicians back on track

By Tony Poland, LegalMatters Staff • Class-action lawsuits brought against the federal government over the lack of safe drinking water on First Nations lands are another example of the effectiveness of turning to the courts when political options fail, says Toronto class-action lawyer Margaret Waddell. Indigenous leaders have launched parallel lawsuits in Federal Court and the Manitoba

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Baggage fee lawsuit pushes the envelope in consumer class action

By Tony Poland, LegalMatters Staff • A lawsuit targeting Westjet baggage fees that were charged between 2014-19 should be a novel test of the Competition Act, says Toronto class-action lawyer Margaret Waddell. The class-action lawsuit, which was certified earlier this month by British Columbia’s Supreme Court, also claims the Airline breached the terms of its contract by charging a

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Every privacy breach is serious in the eyes of the law

By Tony Poland, LegalMatters Staff • When it comes to personal information violations, no harm, no foul is not the rule, says Toronto class-action lawyer Margaret Waddell. Privacy intrusions can be subject to legal action even if there is no tangible damage, says Waddell, a partner with Waddell Phillips Professional Corporation. “Just because no obvious

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Game on! in a potential legal battle in Canada over loot boxes

By Tony Poland, LegalMatters Staff • A lawsuit targeting a video game manufacturer for selling “loot boxes” will likely test the interpretation of the Criminal Code, says Toronto class-action lawyer Margaret Waddell. A class-action suit was filed in September against Electronic Arts (EA) in Canada, claiming the company operated an illegal gambling system in numerous

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Representative plaintiffs ought to be rewarded for their efforts

By Tony Poland, LegalMatters Staff • A court decision denying a representative plaintiff an honorarium because her participation in a lawsuit wasn’t deemed exceptional is a “poor development in the law,” says Toronto class-action lawyer Margaret Waddell. Earlier this month, Ontario Superior Court dismissed a request in Makris v. Endo International PLC for a $15,000

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Class action lawsuits can provide punch in an overtime fight

By LegalMatters Staff • Class action lawsuits targeting misclassification to avoid overtime pay should serve as a warning to employers and welcome news to disenfranchised workers who feel they are not being fairly compensated, says Toronto class-action lawyer Margaret Waddell. Waddell, a partner with Waddell Phillips Professional Corporation, says recent class actions could be the

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‘The demise of waiver of tort as an alleged cause of action’

By LegalMattersStaff • A recent Supreme Court of Canada (SCC) ruling that found that waiver of tort doesn’t exist as a cause of action in Canadian law provides “a much clearer roadmap” for cases moving forward, says Toronto class-action lawyer Margaret Waddell. In Atlantic Lottery Corp. Inc. v. Babstock, the SCC set aside the certification

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Two sides of the coin to SCC ruling on UberEats contract

A Supreme Court of Canada (SCC) ruling that found an arbitration clause in an Uber driver’s contract invalid can be seen as both a positive and a negative, says Toronto class-action lawyer Margaret Waddell. In the claim brought by former UberEats driver David Heller, the majority decision found that the provision forcing him to seek

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