Product Liability

People who have purchased consumer products that are defective or have caused injury/loss may be able to bring legal action against the manufacturer/distributor of such products by way of a class proceeding claim.

A number of product liability cases have been certified by the Courts in Canada as class proceeding claims.

Some of these include breast implants, faulty heart pacemakers, defective radiant heating panels, defective toilets, clothes dryers which caused fire, etc.

Misrepresentation

People who feel that they have been the victim of a misrepresentation to a group may be able to bring a class proceeding against the person or company making the misrepresentation, particularly in the case of a single, common misrepresentation to the group of people.

For example, a class proceeding claim might be appropriate in the case of a company that used a standard deceptive sales pitch for a consumer product repeated over and over to a number of people in similar situations by different sales people.

Misrepresentation claims have been brought involving “vanishing premium” life insurance policies, Bre-X stock purchase, etc.

Consumer and Competition Law

Various consumer protection and fair business dealing statutes provide for causes of action for violation of these Acts;

This can include the Ontario Business Practices Act, the Consumer Protection Act, etc.;

It may be possible to pursue class proceeding claims based on allegations of price fixing and discrimination, misleading advertising, etc.

The Federal Competition Act provides a civil remedy against companies who have engaged in price fixing, misleading advertising, etc.

Stock Fraud

People who purchased shares in a company and lost money due to failure by the company to disclosure proper information in a timely manner may be able to bring legal action against the company and its officers and directors by way of a class proceeding claim.

Such claims have been brought in Canada against Bre-X, Philip Environmental, etc.

Mass Termination of Employment

Where an employer has terminated the employment of a group of people, it may be possible for those people to bring a class proceeding claim against the company.

Ontario Courts have embraced wrongful dismissal claims as ideal as class proceedings.

If you think you have a claim and wish to obtain more information contact cyates@shlaw.ca.