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David Gadsden

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David Gadsden represents global clients in complex commercial disputes. As chair of Baker McKenzie's Canadian class actions group and a member of the firm’s North America antitrust and competition practice group, David draws on his extensive class action experience, having defended clients in domestic and international class actions involving antitrust claims, misleading advertising, consumer protection, securities fraud, product liability and professional service negligence. David's competition class action experience includes acting as lead counsel in high-profile cases involving auto parts, computer components, loyalty rewards programs, consumer electronics, credit card transaction fees, generic pharmaceuticals and construction chemicals. He sits on the executive committee of the Ontario Bar Association class actions section and has been recognised by Benchmark Litigation, Legal 500, Best Lawyers Canada, Litigation Counsel of America and Lexpert's annual Guide to the Leading US/Canada Cross-border Litigation Lawyers.
In Class Actions

Canada: Winds of change? SCC rejects rigid definition of material change

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The Supreme Court of Canada (SCC) has rendered a significant decision regarding the concept of “material change” in securities disclosures. In Lundin Mining Corp. v. Markowich, 2025 SCC 39, the SCC declined to provide a concrete definition of material change. Instead, it affirmed a flexible and contextual approach, shaped by the facts of each case while considering the broader purpose of securities legislation including investor protection and the preservation of fair and efficient capital markets. Disclosure,…

In Class Actions

Canada: Drip pricing class action stayed in favour of arbitration

by , and 7 Mins Read

Canada’s Federal Court of Appeal has upheld a lower court decision to stay a proposed competition class action against Uber Eats in favour of mandatory arbitration. Background In Lin v Uber Canada Inc et al, 2025 FCA 183, the plaintiff proposed a class action against Uber Canada Inc, Uber Technologies Inc, Uber Portier Canada Inc and Uber Castor Canada Inc (collectively “Uber”). The core allegation was that the defendants displayed a price for food delivery…

In AI Washing

Recent SEC Actions Highlight Increased Regulatory Scrutiny over Artificial Intelligence and “AI Washing”

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On March 18, 2024, the United States Securities and Exchange Commission (the “SEC”) announced that it settled charges against two investment advisers for making false and misleading statements about their purported use of artificial intelligence (AI). This SEC enforcement action marks the latest efforts by securities regulators to combat the adverse effects of “AI washing” and confirms that AI, and particularly “AI washing”, is at the forefront of securities regulators’ minds. What is “AI washing”?…

In Privacy

Ontario Court of Appeal halts “intrusion upon seclusion” claims against defendants whose databases are hacked by third-parties

by , and 3 Mins Read

Introduction On November 25, 2022 the Ontario Court of Appeal released three decisions clarifying the scope of the common law tort for invasion of privacy called “intrusion upon seclusion”. These cases are Owsianik v Equifax Canada Co., Obodo v Trans Union of Canada, Inc. and Winder v Marriott International, Inc. The issue before the Court was “whether a claim for intrusion upon seclusion can succeed against the collectors and custodians of private information (“Database…

In Class Actions

Alberta Court of Appeal contemplates enhanced gatekeeping in class action certification

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In Flesch v Apache Corporation, the Alberta Court of Appeal (“ABCA”) upheld the certification of an employee class action arising out of the cancellation of a long-term incentive compensation plan. This case is significant because the court discussed increasing its gatekeeping function in the certification of class actions, and it serves as a warning to employers who seek to amend or cancel incentive plans. Background In July 2017, the Apache Corporation (“Apache”), an American oil…

In Canada

Canadian Federal Court of Appeal Slams the Door on Buy-Side Conspiracy Claims

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Introduction In Mohr v National Hockey League, 2022 FCA 145, the Canadian Federal Court of Appeal (FCA) dismissed an appeal from a motion to strike a proposed class action claim. The proposed representative plaintiff alleged an anti-competitive conspiracy among professional and major junior hockey leagues. This decision is significant because the FCA confirmed that prohibitions under section 45 of the Canadian Competition Act apply to “supply side” agreements only. They do not apply to “buy…

In Class Actions

Canadian Court Denies Certification in Absence of Evidence of Compensable Loss or a Plausible Methodology for Measuring Class-wide Damages

by 3 Mins Read

Justice Belobaba recently refused to certify a class action arising from the “diesel-gate” auto emissions scandal. In 2015, regulatory authorities announced that certain manufacturers had been installing “defeat devices” in their diesel vehicles to cheat on emissions tests and violate clean air laws. Unlike other class proceedings related to the scandal, this proposed class consisted of owners and lessees of vehicles who sold or returned their vehicles before the scandal was revealed (pre-disclosure owners). At…

In Competition Litigation

Supreme Court of Canada Lowers Bar to Certifying Price-Fixing Class Actions

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In Godfrey v Pioneer, 2019 SCC 42 (“Godfrey“), the Supreme Court of Canada has lowered the bar for certifying price-fixing class actions brought under the federal Competition Act, while also allowing new categories of claimants to participate as class members. The decision arose from a class action filed in British Columbia against a group of 42 foreign companies who manufactured optical disc drives and related products. The plaintiff alleged that the defendants conspired to fix…

In Canada

Supreme Court of Canada Lowers Bar to Certifying Price-Fixing Class Actions

by , and 9 Mins Read

CANADA – In Godfrey v Pioneer, 2019 SCC 42 (“Godfrey”), the Supreme Court of Canada has lowered the bar for certifying price-fixing class actions brought under the federal Competition Act, while also allowing new categories of claimants to participate as class members. The decision arose from a class action filed in British Columbia against a group of 42 foreign companies who manufactured optical disc drives and related products. The plaintiff alleged that the defendants conspired…

In Class Actions

UK Class Action Filings Set to Increase as £14.098bn Interchange Class Action Moves Toward Certification

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UNITED KINGDOM – A significant development in UK class actions landed today – with the English Court of Appeal issuing a judgment that requires the UK Competition Appeal Tribunal (“CAT”) to reconsider certification of an opt out class action issued against Mastercard on behalf of approx 46.2m people and valued at £14.098bn.  The judgment is published in full here and provides strong guidance to the CAT, indicating that a collective proceedings order will now be…

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