Class Actions

On February 28, 2020 the Supreme Court of Canada released its decision in Nevsun Resources Ltd. v. Araya, 2020 SCC 5. By a narrow five-four majority, the SCC held Canadian companies may be sued for breaches of Customary International Law (“CIL”), abroad. Writing for the majority, Abella J. b…

Last week, the Canadian Securities Administrators (the “CSA”) published guidance on situations when securities legislation may apply to entities that facilitate crypto-currency trading. The CSA is an umbrella organization of securities regulators from each of the provinces and territories. T…

This year is going to be a Happy New Year for The BitCoin Fund (the “Fund”), whose final prospectus was approved by the Ontario Securities Commission (OSC). It is the first public bitcoin fund to be cleared by any Canadian securities regulator.  The Bitcoin Fund is a public investment trust …

A recent update from the office of the Privacy Commissioner of Canada provides insight into the prevalence and effect of data breaches in Canada In the digital age, the Internet plays a significant role in the daily lives of Canadians. Along with the benefits it brings in terms of connectivi…

In Perdikaris v. Purdue Pharma, 2019 SKQB 281, the Chief Justice of the Saskatchewan Court of Queen’s Bench has ruled that a conflict of interest between Provincial Health Insurers (“PHIs”) and the Representative Plaintiffs and/or Class Members that emerges as the matter proceeds will not au…

Flooding is a major issue for many Canadians, often causing severe damage and consequent economic harm. The federal government has warned that extreme flooding is the new reality of climate change,[1] and the five most destructive floods in Canadian history have all occurred since 2010.[2]  …

On October 17, 2019 the Court of Appeal of Ontario released its decision in Bancroft-Snell v. Visa Canada Corporation, 2019 ONCA 822. The Court of Appeal’s unanimous five-judge panel decision confirmed individual class members have no right to appeal settlement approval orders even where the…

In a recent carriage decision, Winder v Marriott, 2019 ONSC 5766 (“Winder”), Siskinds LLP was appointed as Class Counsel of a national class proceeding out of Ontario against Marriott International, Inc., Luxury Hotels International of Canada, ULC, and Starwood Canada ULC on behalf of all Ca…

This has been the year of cannabis market sector scandals. Headlines have been thick and fast. Investor losses have been significant. A large part of the financing that facilitated the massive growth of the cannabis sector has been through the prospectus exempt issuance of securities (more c…

In Cappelli v Nobilis Health Corp.[1] (“Cappelli”), Justice Perell, for purposes of a leave motion under Part XXIII.1 of Ontario’s Securities Act (“OSA”), considered the evidentiary value of an issuer’s public disclosure that it was restating previous financials and had control weaknesses. H…