Kirk Hartley (LexBlog Canada)

A tobacco company is the latest entity to use bankruptcy to try to limit its obligations for a mass tort. This instance, however, is different because the bankruptcy is in Canada, ownership of the tobacco entities ties to Japan, and the bankruptcy follows on after restructuring efforts that a trial judge viewed as probably illegal...

The $15 billion or so Quebec class action verdict in Canada against tobacco companies was upheld late on Friday in a 440 page opinion, in French. It will interesting to watch the reactions of stock markets, and learn more as commentaries and English language translations are distributed. The Eye on the Trials blog is an...

In March 2015, the Canadian government acknowledged that known victims of thalidomide needed services and medical care they could not possibly afford, and agreed to provide money for such programs. A program was established under the name the Thalidomide Survivors Contribution Program; it has a more or less “official” web site at http://www.tscp-pcst.ca/homeeng.html. Subsequently, the...

The Canadian government announced on Thursday its plan to move forward to ban future uses of asbestos, and to more tightly regulate the workplace, not later than 2018.  The basic news is provided in a Globe and Mail story of December 15, 2016.  The government’s press release is pasted below and provides some further specifics:...

It appears Canada soon will be implementing some phased in form of a “complete ban” on asbestos, according to a December 9, 2016 article in the Globe and Mail. The announcement is said to be next week. The specifics will be interesting to see, along with whether anyone sues to block “the ban.” Plaintiff ‘s...

The growing breadth and depth of global class actions is explored in a September 20, 2016 post at D&O Diary. Riffing off of Professor Coffee’s recent article, Kevin LaCroix pulls together several of his past posts, along with other data and updates, including some interesting observations about class action developments in Asia, as well as...

  Sales of asbestos-containing brake linings continue around the world, including in Canada. The types of products and sales volumes are shown in the chart, which is taken from a March 27, 2015 article in the Globe and Mail, by Tavia Grant.  The wide-ranging article includes argumenst back and forth on heath issues, as well as...

The June 14, 2014 Globe and Mail includes a useful, non-hysterical series of articles on asbestos use in Canada, and the current consequences in terms of death and disease. The articles – by  Tavia Grant and others – include some wonderful, flexible graphics the viewer can alter to observe different data sets. The articles and...

A new paper by Bianco and Demers – available here at no charge – concludes that Canada is seeing notable  increases in occupational cancer claiming. The claiming of course includes lung cancer and mesothelioma claiming tied to workplace exposures. Other carcinogens also are implicated, but their impacts are not yet clear. A key paragraph provides...

Corporate structures continue to face new challenges as plaintiffs seek to hold parent companies liable for actions related to subsidiaries. A new ruling on this subject is from Canada, and arises in the context of alleged human rights violations by persons working for a subsidiary. Lawyers from Gowlings summarize the case in this article. The...

How far does privilege go when lawyers apparently have knowledge of a Ponzi scheme? Perhaps not far enough to block a duty to speak, according to an appellate court in Canada, and a McCarthy Tretualt article.  The fact pattern is unusual because the suit at issue is against a law firm that represented both the...

The practice of law continues to evolve alongside globalization. Now, persons embarking on a legal education may choose a course of study aimed at licensure as a lawyer in both the US and common law provinces in  Canada. The opportunity arises from broad-minded thinking at the Arizona State University Sandra Day O’Connor College of Law....

Secrecy in litigation: good, bad or otherwise? Court orders for secrecy sometimes raise difficult issues and one understands a sealing order. Other times, the secrecy appears completely undeserved. A recent example of apparently undeserved secrecy is playing out in Canada in connection with tobacco companies seeking insurance payments for their expenses in defending tobacco cases. ...

An Economist article is here on Canada dropping its support for mining raw asbestos fibers. The result makes it a good day for the International Ban Asbestos Secretariat headed up by Laurie Kazan-Allen. The group’s activities can be followed at the ibas website or by following Laurie on Twitter. 

NPR reports that support for asbestos mining is going to be dropped by Canada’s new premier. 

Corporate Counsel has an interesting new post on Canada’s impending anti-spam law. It’s interesting because it’s an opt-in regime which  requires proof of consent instead of the much-evaded and ignored US “opt-out” statute. The approach is reminiscent of ISO and SOX – have a process and do it right. According to the article, the penalties...

Kevin LaCroix at D & O Diary reviews a recent, broad assertion of jurisdiction by a Canadian court asked to hear securities misrepresentation claims against a Chinese entity. The post also reviews factors relevant to whether Canada will become a favored forum for securities litigation. 

A trilogy of decisions in Canada provides new guidance on exercising jurisdiction over defendants from outside Canada. In general, the new standard is more expansive than past standards. The cases and the new standard are reviewed in many online memos – one is here, from McMillan. 

A letter to the editor is the latest act in the  saga that goes on in Canada as to a proposed investment in the old Jeffrey asbestos mine which produces chrysotile fibers. The saga highlights the tensions between jobs, investments and risks.  As mentioned before, the reporting and articles do not cover key issues, such...

Lacking an influential religious right wing, Canada is a leader in stem cell research. Indeed, much of the fundamental, early proof of stem cells is credited to Canadian researchers. Here’s a Canadian-centric timeline of stem cell discoveries.  Now the Canadians have made another breakthrough stem cell discovery. Specifically, they’ve found and isolated the stem cell capable...

It’s fascinating to watch the dances between and among  science, economics, politics and media as to “toxins.”  Consider all the dances going on in the the BP oil rig fiasco. For another example, note the evolution of the asbestos mining debate in Canada. According to this June 12 article from the Montreal Gazette, the Canadian government is on the brink...

Class action law continues to evolve in Canada. This article  from McCarthy Tetrault provides a  link to and commentary on a recent and controversial appellate decision  approving  certification of an antitrust class involving DRAM chips.  Key excerpts are set out below: “The DRAM litigation has been closely followed by specialists in the fields of class action and...

This post at Kevin LaCroix’s D & O Diary covers an interesting new decision from Canada on global choice of law issues arising from D & O policies, and identifies contract clauses that might be changed to obtain better outcomes. Here’s an excerpt: “The November 12 Opinion In his November 12, 2009 decision (here), Justice...

The Canadian Medical Association has come out with an editorial, described here, that calls on Canada to join with other countries to further regulate “asbestsos” exports. The topic is of interest in Canada because its been a major exporter of asbestos for decades, and so the fibers produce jobs, corporate profits and tax revenue. The...

It’s a long story as to why, but I stumbled across some online and historic pictures of asbestos-mining and processing. The collection is presented by the McCord Museum of Montreal, which looks to be quite an interesting place. Its online presentations include a great collection of photographs and text showing asbestos mining in Canada starting...