Class Members, no rights to appeal settlement approval
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…
View the post titled Class Members, no rights to appeal settlement approvalMarriott Privacy class action: Ontario Court’s decision on carriage paves the way to addressing the problematic multiplicity of Class Actions across Canada
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…
View the post titled Marriott Privacy class action: Ontario Court’s decision on carriage paves the way to addressing the problematic multiplicity of Class Actions across CanadaPrivate placement securities litigation in Ontario
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…
View the post titled Private placement securities litigation in OntarioFinancial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong direction
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…
View the post titled Financial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong directionSiskinds LLP class actions team ranked in top band of the Chambers Canada 2020 guide
The class actions team at Siskinds LLP has been ranked in the top band of the Chambers Canada 2020 guide, issued by international legal research organization, Chambers and Partners. The firm was credited with consistently winning praise among interviewees, with sources noting: “It has …
View the post titled Siskinds LLP class actions team ranked in top band of the Chambers Canada 2020 guideGodfrey v Sony: Supreme Court protects victims of price-fixing conspiracies
On September 20, 2019, the Supreme Court of Canada issued a decision in Godfrey v Sony Corp., a class action related to alleged price-fixing in the market for optical disc drives (“ODDs”). The decision provides clarity on four significant issues in price-fixing litigation. The Co…
View the post titled Godfrey v Sony: Supreme Court protects victims of price-fixing conspiraciesVedanta Resources PLC v Lungowe, [2019] UKSC 20
Removing straitjackets, and widening the potential scope of parent company liability for a subsidiary’s actions Can the parent company of a multinational group owe a duty of care to a third party for the actions of a foreign operating subsidiary? There remains no definitive answer at the tim…
View the post titled Vedanta Resources PLC v Lungowe, [2019] UKSC 20Speeding up Certification by Extending Filing Deadlines?
On July 17, 2019, the Law Commission of Ontario (“LCO”) released its final report, Class Actions: Objectives, Experience and Reforms. The LCO report makes 47 recommendations to reform Ontario’s Class Proceeding Act (“CPA”) and related policies. One major theme of the report is that the speed…
View the post titled Speeding up Certification by Extending Filing Deadlines?Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct Defence
On April 17, 2019 the Court of Appeal of Ontario released its decision in Hughes v. Liquor Control Board of Ontario, 2019 ONCA 305 [Hughes]. The Court of Appeal’s decision provides guidance to counsel on the scope of the Regulated Conduct Defence (the “RCD”). The RCD is a defence in the Comp…
View the post titled Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct DefenceMandatory Arbitration Provisions in the Class Action Context
Mandatory Arbitration Provisions in the Class Action Context: TELUS Communications Inc. v. Wellman, 2019 SCC 19 On April 4, 2019, the Supreme Court of Canada issued reasons in TELUS Communications Inc. v. Wellman. The Supreme Court’s 5-4 decision provides important guidance on the applicabil…
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