Do high service charges exacted by MBNA for credit card cash advances constitute a criminal rate of interest? This is among the issues certified as a class action by the Ontario Court of Appeal in Markson v. MBNA Canada Bank. The court held that the bank could not rely on its failure to keep data to escape certification.

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Governments must refund money they collect through unconstitutional taxes, and cannot rely on the so-called “”passing-on”" defence to avoid repayment, the Supreme Court ruled in January 2007.The court’s rejection of the passing-on defence may have major implications in private litigation, particularly competition (antitrust) cases.

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Can consumers who obtain a defective product for free recover profits earned by the manufacturer, even though those consumers suffer no damages whatsoever? Most non-lawyers would likely say: no. However, the Ontario Divisional Court recently affirmed a decision certifying a class action against Johnson & Johnson that raises this question.

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Class action legislation does not give courts jurisdiction over cases that would otherwise be dealt with by tribunals or arbitrators, the Supreme Court held in Concordia v. Bisaillon.

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Class action legislation does not give courts jurisdiction over cases that would otherwise be dealt with by tribunals or arbitrators, the Supreme Court held in Concordia v. Bisaillon.

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