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Searching Content indexed under Litigation, Mediation & Arbitration by Kenneth Dekker ordered by Published Date Descending.
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SCC Agrees To Hear Appeal In Another Contractual Good Faith Case
Canada's highest court is clearly alive to the need to further clarify – and hopefully restrict – the impact and application of its 2014 decision.
Canada
23 Jul 2019
2
Canada's Top Court To Hear Contract Good Faith Case
Among other things the plaintiff had done "freebie" work in the expectation that its contracts were goign to be renewed at the end of the season.
Canada
9 Jul 2019
3
It Has Gotten A Lot Harder To Sue The Ontario Government
A key value in any free and democratic society is the principle that no one is above the law. In democracies, even the government can be required by the Courts to pay compensation to persons harmed by negligent or intentional government actions.
Canada
10 Jun 2019
4
Supreme Court Of Canada Rules Proposed National Securities Regulator Is Constitutional
Canada is one of the only industrialized countries in the world that does not have a national securities regulator
Canada
8 Jan 2019
5
The Litigator - December 2018
The world of marketing and advertising has evolved – last year, U.S. companies spent an estimated $13.5 billion on social media marketing alone.
Canada
8 Jan 2019
6
Ontario's Top Court Dismisses Class Action Against Auditor
In its unanimous decision in Lavender v. Miller Bernstein LLP released on September 5, 2018, the Court of Appeal for Ontario made it clear that notwithstanding the liability imposed by the Supreme Court of Canada ("SCC") in the recent auditor's negligence case of Livent v. Deloitte & Touche.
Canada
8 Jan 2019
7
Ontario Court Of Appeal (Again) Clarifies The Limitation Period For Secondary Market Shareholder Claims Under The OSA
Part XXIII.1 of the Ontario Securities Act creating a statutory cause of action for misrepresentation for purchasers of securities on the secondary market (i.e. a stock market) was enacted more than 13 years ago to much fanfare.
Canada
11 Apr 2018
8
Supreme Court Of Canada (Partially) Upholds Judgment Against Former Livent Auditor
On December 20, Canada's highest court released a hotly anticipated decision that is almost certainly the final act in the more than 20 year saga of a formerly pre-eminent theater company...
Canada
3 Jan 2018
9
Proposed Shareholder Class Action Stayed Due To Lack Of Jurisdiction
A proposed shareholder class action against HSBC Holdings plc was recently stopped in its tracks by the Ontario Superior Court due to a lack of jurisdiction.
Canada
29 Nov 2017
10
Supreme Court Of Canada Refuses To Hear Global Auditor Class Action Certification Appeal
On June 8, 2017, the Supreme Court of Canada denied leave to appeal from a decision of the Ontario Court of Appeal in Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP ...
Canada
23 Jun 2017
11
Supreme Court Of Canada To Hear Landmark Auditor's Liability Case
Two members of Livent's management team, Myron Gottlieb and Garth Drabinsky, were ultimately criminally convicted of fraud and served jail time in connection with the Livent fraud.
Canada
10 Jun 2016
12
Allied Nevada Plaintiffs Denied Leave To Advance Securities Act Claims Against Underwriters
In a recent decision, Ontario Superior Court Justice Edward P. Belobaba found that two investment dealers are not experts under the Ontario Securities Act – and they couldn't be happier about it.
Canada
3 Jun 2016
13
Lenders' Misrepresentation Claim Against Auditor Summarily Dismissed
In the latest chapter in an almost 20-year-old saga involving Philip Services Corp. ("Philip") and an accounting fraud uncovered in 1998, Ontario Superior Court Justice Perell summarily dismissed a negligent misrepresentation claim brought against Philip's auditor, Deloitte & Touche ("Deloitte").
Canada
25 Feb 2016
14
Ontario's Top Court Affirms Denial Of Leave To Amend Claim In Secondary Market Misrepresentation Class Action
The requirement for leave of the court in order to proceed with secondary market claims under Part XXIII.1 of the Securities Act continues to evolve and be the subject of extensive judicial commentary almost ten years after it came into force. In facilitating class actions by purchasers of securities on the secondary market, Part XXIII
Canada
3 Dec 2015
15
Defendant’s Delay Gives Ontario Courts Jurisdiction Under Forum Of Necessity Test
In January 2010, two plaintiffs commenced an action in Ontario arising from a car accident that had occurred almost two years earlier in Michigan.
Canada
16 Mar 2015
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