Searching Content indexed under Litigation, Mediation & Arbitration by Kevin O'Brien ordered by Published Date Descending.
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Court Rejects Deal Price As Indicator Of Fair Value In Dissent Decision
In an extraordinary decision, the Supreme Court of Yukon in Carlock v. ExxonMobil Canada Holdings ULC, awarded dissenting shareholders a 43% premium to the negotiated deal price in ExxonMobil's 2017 acquisition of InterOil.
4 Mar 2019
Ontario Court Of Appeal Clarifies Test Under "Anti-SLAPP" Legislation
On August 30, 2018, the Court of Appeal for Ontario released its long-awaited decisions in a series of appeals addressing the limits of the province's "anti-SLAPP" legislation.
6 Sep 2018
Shifting Sands Of The Law Of Privilege
In the past year, the Supreme Court of Canada reaffirmed the sanctity of solicitor-client and litigation privilege, setting a high standard for legislatures that intend to abrogate from the broad protection...
3 Jan 2018
UK Court Holds Counsel's Interview Notes During Internal Investigation Are Not Privileged
In a decision released on May 8, 2017, London's High Court held that interview notes and working papers prepared by a company's external counsel as part of an internal investigation into allegations...
8 Jun 2017
Court Of Appeal For Ontario Clarifies Appropriate Date For Assessment Of Damages For Breach Of Contract
In its recent decision in Rougemount Capital Inc. v. Computer Associates International Inc., 2016 ONCA 847, the Court of Appeal for Ontario helpfully clarified that, absent special circumstances...
29 Nov 2016
Ontario Court Confirms Threshold For Leave For Secondary Market Securities Class Actions
In its recent decision in Bradley v Eastern Platinum Ltd., 2016 ONSC 1903, the Ontario Superior Court of Justice denied leave to commence a secondary market securities class proceeding under Part XXIII.1 of the Securities Act.
4 May 2016
U.S. Department Of Justice Claims Billions From Volkswagen In The Latest Emissions Scandal Salvo
One of the highest-profile corporate scandals of 2015 has continued to plague German automaker Volkswagen in 2016, as the U.S. Department of Justice has now sued the company in federal court.
11 Jan 2016
U.S. Court Dismisses Proposed Class Action Brought Against BP Under Ontario's Securities Act
The U.S. court decision is now the leading case interpreting a section of the Ontario Securities Act
7 Oct 2015
Supreme Court Of Canada Denies Leave To Appeal In Securities Class Action Involving Foreign Exchange Transactions
Last week, the Supreme Court of Canada dismissed the plaintiff’s application for leave to appeal in Kaynes v. BP, PLC.
7 Apr 2015
U.S. Supreme Court Upholds Fraud-On-The-Market Doctrine
The U.S. Supreme Court has confirmed that plaintiffs in securities class actions could continue to rely on the "fraud-on-the-market" presumption.
26 Jun 2014
Ontario Court Of Appeal Addresses Important Questions For Securities Class Action Claims, Overrules Its Prior Decision Enforcing Limitation Periods
In Green v. CIBC, released on February 3, 2014, a specially convened five-judge panel of the Court of Appeal for Ontario addressed important issues for securities class actions across Canada.
5 Feb 2014
Supreme Court Of Canada Modifies Preferability Inquiry In Class Proceedings
In a decision that will affect class proceedings throughout Canada, the Supreme Court of Canada today set out a new approach for the certification of class actions.
23 Dec 2013
Supreme Court Clarifies Financial Terms Need Not Be Disclosed In Partial Settlements Of Multi-Party Litigation
The Supreme Court of Canada recently clarified that the financial terms in partial settlements of multi-party litigation need not be disclosed to the non-settling parties who remain in the litigation, absent exceptional circumstances.
4 Jul 2013
Decision Confirms Potential For Inferred Reliance In Negligent Misrepresentation Class Actions, And For Lawyers’ Liability To Non-Clients
A recent decision of Ontario’s Divisional Court leaves open the possibilities that: (i) in a class action alleging negligent misrepresentation, a court may be able to infer reliance on a class-wide basis, as opposed to needing individual inquiries of class members, and (ii) a lawyer may owe a duty of care to non-clients, in circumstances where the lawyer’s legal opinion is used for promotional purposes.
9 Nov 2012
Recent Secondary Market Securities Class Action Decision Demonstrates That The Leave Requirement May Have Teeth After All
In an action alleging secondary market misrepresentations brought under Part XXIII.1 of Ontario’s Securities Act, defendants may be reluctant to file extensive evidence in opposition to the leave motion.
19 Sep 2012
Supreme Court Of Canada Confirms Restrictive Limitation Period For Securities Class Actions
In a decision with important ramifications for securities class actions across Canada, the Supreme Court of Canada has denied leave to appeal in Sharma v. Timminco.
10 Aug 2012
Supreme Court Will Hear Appeals On Issues Of Settlement Privilege, Test For Class Certification And Test For Summary Judgment
On June 28, 2012, the Supreme Court of Canada granted leave to appeal in four separate cases that will be of significant interest to lawyers and potential civil litigants both in Ontario and across Canada.
9 Jul 2012
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