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1
Defendants Awarded Costs Where Bringing Breach Class Action Was "Questionable"
In the costs motion arising from the litigation regarding the Casino Rama breach, Justice Belobaba awarded costs to the defendant, saying there was neither public interest nor a novel issue sufficient to warrant costs...
Canada
4 Jul 2019
2
CASL Private Right Of Action Delayed (Indefinitely)
The Government of Canada has repealed the coming into force of the private right of action for violations of Canada's Anti-Spam Legislation (CASL).
Canada
22 Jun 2017
3
Appeal Court Revives Class Action Against The WSIB
The Ontario Court of Appeal has revived a proposed class action brought by the appellant, Pietro Castrillo, on behalf of a class of injured workers...
Canada
6 Mar 2017
4
Court Reconsiders The Role Of "Public Corrections" In Securities Class Actions
In Drywall Acoustic Lathing and Insulation, Local 675 Pension Fund (Trustees of) v SNC-Lavalin Group Inc. the Ontario Superior Court of Justice examined, in the context of competing motions for summary judgment...
Canada
15 Nov 2016
5
Court Of Appeal Clarifies Scope Of Shareholder Misrepresentation Claims In Takeover Bids
In Rooney v. ArcelorMittal S.A.[1], the Court of Appeal for Ontario considered whether a plaintiff in an action pursuant to s.131(1) of the Securities Act is required to choose whether to sue the offeror...
Canada
10 Nov 2016
6
Court Of Appeal Confirms Judges May Weigh Evidence On Leave Motions In Secondary Market Securities Class Actions
In Mask v. Silvercorp Metals Inc., the Court of Appeal for Ontario upheld a decision refusing leave to commence an action for secondary market misrepresentation under section 138.8 of the OSA.
Canada
8 Sep 2016
7
Court Of Appeal Lifts Stay In Cross Border Class Action
In Kaynes the ONCA recently lifted a stay of a class proceeding in which the Plaintiff is seeking damages for alleged misrepresentations made to shareholders by BP.
Canada
19 Aug 2016
8
Test For Leave To Bring Secondary Market Securities Class Action Is Not A "Low Bar"
The recent decision in Bradley v. Eastern Platinum Ltd. saw the Superior Court of Justice reaffirm the position that the test for statutory leave to bring a secondary market securities class action "is not a low bar."
Canada
26 May 2016
9
Court Clarifies The Scope Of Underwriter Liability In Securities Class Actions
After the price of Allied Nevada's shares collapsed in the wake of alleged corrective disclosures, it launched a proposed class action for damages in July 2014.
Canada
17 May 2016
10
Court Dismisses Secondary Market Securities Class Action Based On Extensive Evidence
In Coffin v. Atlantic Power Corp.1, the Ontario Superior Court of Justice considered two motions: (1) for leave under section 138.8 of the Ontario Securities Act...
Canada
30 Mar 2016
11
Supreme Court Of Canada Considers Limitation Period For Secondary Market Securities Class Actions
On December 4, 2015, the Supreme Court of Canada released its highly anticipated decision in a trilogy of shareholder class actions under the secondary market liability provisions of the Ontario Securities Act.
Canada
14 Dec 2015
12
Theratechnologies Leave Threshold Proves Too Robust For Plaintiff Shareholder In Securities Class Action
In Mask v. Silvercorp Metals Inc. released on October 22, 2015, the Ontario Superior Court of Justice considered a motion for leave to commence an action for secondary market misrepresentation...
Canada
14 Dec 2015
13
Procedural Fairness Owed To Defendants May Redefine How Plaintiffs Proceed Under The OSA
The Court of Appeal in Drywall Acoustic Lathing and Insulation, Local 675 Pension Fund (Trustees of) v. SNC-Lavalin Group Inc.
Canada
8 Dec 2015
14
Theratechnologies Inc. V. 12185 Canada Inc: Supreme Court Of Canada Raises The Bar For Obtaining Leave To Bring Secondary Market Securities Class Actions
In Theratechnologies inc. v. 12185 Canada inc. the Supreme Court of Canada has ruled that requirements that plaintiffs demonstrate that their claims have been brought in good faith and have a reasonable chance of succeeding are no mere "speed bump"
Canada
1 Jul 2015
15
Court Limits Plaintiff’s Ability To Access Corporate Documents In Securities Class Action
The Ontario Superior Court of Justice considered whether a plaintiff is permitted to obtain corporate documents from the defendant before the leave motion is adjudicated.
Canada
13 Aug 2014
16
Prince V ACE: Extra-Territorial Effect Of U.S. Tax Laws?
Should a Canadian court exercise its jurisdiction to hear a class action lawsuit against Air Canada for improperly collecting U.S. travel taxes?
Canada
30 Apr 2014
17
Changing Cost Trends In Class Actions
In 2013, Justice Belobaba released five decisions that addressed legal principles relating to awards of costs on class action certification motions.
Canada
26 Mar 2014
18
Class Action Proceeds Against MOL For "Negligent Inspection"
In a case that will be closely watched, an Ontario judge has permitted a class action lawsuit against the Ministry of Labour for "negligent inspection" of a workplace.
Canada
28 Feb 2014
19
Green v. CIBC: Court Of Appeal Revisits Limitation Period For Secondary Market Securities Class Actions And Limits Common Law Negligent Misrepresentation Class Actions
The Court of Appeal for Ontario’s recent decision in Green v. Canadian Imperial Bank of Commerce is significant in two respects.
Canada
12 Feb 2014
20
Year In Review: Ontario Class Actions 2012/13 (Presentation)
Dentons' Michael D. Schafler presented "Year in Review: Ontario Class Actions 2012/2013" at The Canadian Institute's 14th Annual National Forum on Class Actions on September 24, 2013 in Toronto.
Canada
27 Sep 2013
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