Insights

By Adil Abdulla and Denna Jalili When investigating class actions, there is often some information known only to the executives of that allegedly misbehaving corporation. Obtaining those executives’ stories, or better yet their testimony, can be a high prize for plaintiff-side lawyers. However, lawyers cannot contact current executives of a represented corporation. That is a […]

Historically, copyright owners have had difficulty enforcing their rights against users of pirating software. One common reason is that the maximum recovery from each pirate is often too small to cover the copyright holder’s legal expenses. Meanwhile, there are often thousands, sometimes millions of acts of infringement. If you could claim them all at once, […]

Recent cases in five jurisdictions have opined on whether an artificial intelligence system (“AI”) can be an “inventor” in an application for a patent. This blog post summarizes the inventions at issue, the relevant cases, and what these developments may mean for Canadian patent law. THE INVENTIONS & APPLICATIONS DABUS is a system of interconnected […]

Much has changed since last Christmas. As Christmas looms over the horizon of this decidedly tumultuous 2020, we might expect consumers to be purchasing fewer gifts and buying more gifts online. But more Canadians than ever are prioritizing socially conscious gift giving this year. It may take a bit more work to shop local in […]

With more than 30% of Canadians working in the gig economy, the problem of employment misclassification is one that is increasingly in the spotlight. Cases like the one brought against Uber in Canada highlight how workers (mis)classified as independent contractors are vulnerable to labour abuses and exploitation; but there is another group of workers who […]

A longtime family friend of mine worked in the banking industry at the time when credit cards were being rolled out in Canada. In the late 1960s and early 1970s, he would drive from town to town in rural Ontario to convince skeptical bank employees that it was possible to buy groceries with a 3″ […]

Have you taken a DNA test to find out where in the world your ancestors came from? If so, congratulations! You may have helped create a new treatment of psoriasis. How is that even possible? Turns out a direct-to-consumer genetic testing company sold the rights to DNA samples to a major drug company to help […]

While so many people are forced to stay at home because of the COVID-19 pandemic, many have turned to video games to pass the time. If you game on a PC, one of the most well-known computer peripherals to acquire is a mechanical keyboard. Even if gaming is not your thing, a mechanical keyboard still […]

On March 27, 2020, Ontario Premier Doug Ford issued a warning to COVID-19 profiteers: “We’re coming after you.” He cited high-end grocery retailer, Pusateri’s, which had charged customers $29.99 for containers of disinfecting wipes — a price premium that even Pusateri’s clientele noticed. (CTV notes that the average price for these wipes is $5.99.) Pusateri’s […]

Romance scams are not quite a consumer issue. But they are a particularly heartless type of fraud. They prey on the kindness of people looking for love. Since it’s Valentine’s Day, we figured we would provide some tips. What is a romance scam? These days, typical romance scams begin online. They routinely involve a practice […]

With the holidays behind you, now is a good time to take stock of the gifts you’ve received. Gift cards are a popular gift because they let recipients pick what they want to buy. So-called “prepaid credit cards” offer even more choice than traditional gift certificates because they’re accepted wherever credit cards are accepted. Ontario […]

If you think you are the victim of a fraud, contact your local police service immediately and report the incident to the Canadian Anti-Fraud Centre (online or at 1‑888-495-8501). Phone scams are more sophisticated than ever. In 2018, CBC’s Marketplace exposed a large-scale call centre in India operating to bilk Canadians out of their money. […]

Ethanol-fueled appliances have increased in popularity over the years. They can add warmth or ambiance without the trouble and expense of digging a traditional fire pit. But recent fatalities and serious injuries have prompted Ontario’s Fire Marshal and Health Canada to issue safety warnings about the risks of ethanol-fueled appliances. The injuries are caused by […]

On September 20, 2019, the Supreme Court of Canada (“SCC”) released its judgment in Pioneer Corp. v Godfrey, 2019 SCC 42 (“Godfrey”). The majority’s decision is a win for Canadian consumers. The decision clarifies that the limitation period for private actions under the Competition Act is subject to the rule of discoverability. It also confirms […]

Imagine this: You’ve arrived at the airport. You check in, and want to tweet about your upcoming adventure. Panic sets in as you look at your phone and realize it has less that 10% battery life left. At your gate, or built into the tables at the airport bar, you see a charging station with […]

From competition law concerns to the value of personal information, big tech companies are facing increasing scrutiny. This summer, Apple and Facebook both admitted to listening to their users’ conversations to “improve” their services. In August 2019, Facebook confirmed that it paid outside contractors to transcribe audio clips from users. It did not tell the […]

Background Competition is everywhere. In a free-market economy, companies compete for customers, buyers compete for manufacturers, employers compete for employees, etc. The theory is that, when enough participants compete, companies make what people want and offer it at a price that will sell. A competing company with a better product will attract consumers. If consumers […]

Data breaches are becoming all too common. Canadians entrust companies with all sorts of personal information. This data can be immensely profitable to fraudsters. And high-profile breaches — from Yahoo!’s in 2013 to Equifax’s in 2017 to Capital One’s this year — seem to be on the rise. Millions of Canadians have had their personal […]

If you have ever felt pressured to purchase something online that very second, it turns out that may not be your fault. A recent study out of Princeton University sheds light on “dark patterns”, or deceptive marketing practices that websites use to manipulate online shoppers – to complete a sale or spend more money.[efn_note]Arunesh Mathur, […]

Vapes, or e-cigarettes, have long been sold as a safer alternative to cigarettes, or an easier way to quit smoking. As it turns out, doctors have found that they are about as harmful as the real thing. More specifically, the flavourings post risks for your heart. CBC News reports that Joseph Wu and a team […]

Most people have had the experience of a pushy door-to-door sales representative who will not take ‘no’ for an answer.  Unfortunately, these sales tactics often result in homeowners being misled and pressured into signing contracts they don’t fully understand, for products that don’t perform as they were led to believe they would. Ontario has banned […]

A number of people have complained about a Toronto-based weight-loss scheme. The company, Weight Loss Grants, promised consumers money if they lost weight. According to Global News, the scheme offered to reimburse consumers for certain weight-loss expenses if they successfully met their goal on a certain date. The company directed participants to weight-loss services offered […]

What is a class action? A class action is a legal procedure in which one person brings a lawsuit on behalf of a group of people (the class) who have similar claims. The goal is to get justice for members of the class without each of them having to spend time, money and effort individually. […]

Anyone who knows me knows I have particularly strong view about small overcharges. I wrote an LLM thesis on the topic.[efn_note]”Keep The Change?: A behavioural approach to class action antipathy where losses are trivial” (2018) [pdf].[/efn_note] Here’s my thing: assuming companies deal with thousands or millions of customers, and assuming customers aren’t going to sue […]