Lexpert Magazine

46 www.lexpert.ca Top 10 Cases THE ONTARIO Superior Court's decision in the largest privacy class action commenced in Canada was intended "to memorialize what was a remarkably successful collaboration of five superior courts from across the country that furthers access to justice and the fair and efficient administration of justice across the country," Justice Paul Perell wrote in his reasons. e Marriott class action arose from a Starwood Security Database data breach in 2018. In response to the breach, sixteen proposed and overlapping class actions were started against various combinations of Marriott International, Luxury Hotels, and Starwood Canada across Canada: two actions in Alberta, six in B.C., five in Ontario, two in Quebec and one in Nova Scotia. e Ontario court had directed Marriott to assist in developing a procedure akin to — and perhaps even better than — the multidis- trict litigation procedure used by American states, and counsel for Marriott used a "first impression" simultaneous motion to settle WINDER V. MARRIOTT INTERNATIONAL INC., 2020 ONSC 7701 how many class actions should proceed. In November 2020, the multijurisdictional panel — the first of its kind in Canada, using the Canadian Judicial Protocol for the Management of Multijurisdictional Class Actions and the Provision of Class Action Notice (CBA Protocol) — directed that a single national class action in Ontario should proceed, reducing 16 actions in five provinces to a single national class action in Ontario. e issue of privilege with a cross-border breach, involving multiple regulator inqui- ries and a wide breadth of litigation, was complex and involved novel issues of law that Canadian courts had not previously addressed and will contribute to the further shaping of this complex field of law, says counsel for the defendant. "is case was significant because it provides a roadmap for courts across Canada to apply the CBA Protocol to resolve how many or which overlapping class action should proceed before certification," says Michael Eizenga, co-head of Bennett Jones's class actions practice. "It is the first example of the courts using the CBA Protocol to speak to each other and hold a joint case conference for the purpose of resolving the issue of overlapping class actions." • Glenn Winder > Siskinds LLP > Michael G. Robb, Alex Dimson, Stefani Cuberovic, Ron Podolny and Joel Rochon • Marriot International, Inc., Luxury Hotels International of Canada, ULC, Starwood Canada ULC > Bennett Jones LLP > Michael A. Eizenga, Ranjan K. Agarwal and Nina Butz y ESW Capital, LLC (Re), 2021 ONSEC 7: is was the first application to the Ontario Securities Commission for an exemp- tion from the minimum tender requirement and the first case to address the mandatory minimum tender requirement of the takeover bid rules adopted by Canadian securities regulators in 2016. y Northern Regional Health Authority v. Horrocks, 2021 SCC 42: e top court's ruling that a labour arbitrator appointed under the collective agreement, not by a human rights adjudicator, should settle employment discrimination disputes in unionized workplaces is significant for any business affected by a collective bargaining agreement. y Bell Canada et al. v. L3D Distributing Inc., 2021 FC 832: e Federal Court's judgment against three retailers of "pre-loaded" set-top boxes and unauthorized internet protocol television services awarded nearly $30 million to the plaintiffs in statutory and punitive damages for copyright infringement, in addition to declaratory and injunctive relief. y Groupe TVA Inc. v. Bell Canada, 2021 FCA 153: In a dispute between Québecor and Bell stemming from negotiations over pricing for specialty TV channels, Québecor cut the signal of TVA Sports to Bell subscribers during the NHL playoffs. e CRTC invoked the standstill rule in ordering Québecor to reinstate the service. e Federal Court of Appeal ruled that the impugned regulatory provisions were intra vires the CRTC's powers under the Broadcasting Act and dismissed the appeal. CLIENTS > FIRMS > LAWYERS HONOURABLE MENTIONS

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