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Civil Law

Osgoode Hall Law School of York University

Series

2022

Articles 1 - 3 of 3

Full-Text Articles in Law

Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo Nov 2022

Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo

Articles & Book Chapters

No abstract provided.


English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo Nov 2022

English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo

Articles & Book Chapters

No abstract provided.


Not Waiving, But Drowning: Supreme Court Of Canada Kills Waiver Of Tort As An Independent Cause Of Action, Suzanne E. Chiodo Jan 2022

Not Waiving, But Drowning: Supreme Court Of Canada Kills Waiver Of Tort As An Independent Cause Of Action, Suzanne E. Chiodo

Articles & Book Chapters

After decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp. v. Babstock,1 released on July 24, 2020, the Supreme Court of Canada ("SCC") killed off the concept once and for all, holding that, "[t]his novel cause of action does not exist in Canadian law and has no reasonable chance of succeeding at trial. In addition, the term waiver of tort' is apt to generate confusion and should be abandoned."2 While the plaintiffs' claims in this case also included breach of contract and unjust enrichment, the …