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Published on: 7 Mar 2018 By

Towards a More Cooperative Canadian Class Action Regime: CBA Adopts Revised Judicial Protocol on Multijurisdictional Class Actions

Class actions will often address wrongs and harm that transcend the borders of a single Canadian province. A faulty medical device might be distributed across the country and wreak its harmful effects upon residents in many or all provinces. Similarly, when a public company misleads its inve…

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Published on: 5 Feb 2018 By

What Does it Take to be a Representative Plaintiff in a Class Proceeding?

In most class actions, class counsel represent class members in Court. One class member, the “representative plaintiff,” has important responsibilities with special duties to absent class members. Ontario’s class proceeding legislation requires that each class action have a representative pl…

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Published on: 27 Dec 2017 By

Class Proceedings Can Fill the Gap in Canadian Regulatory Action

Canadian Investors’ Perceived Vulnerability to Fraudsters A recent Globe and Mail article highlights the difficulty Canadian investors have in recovering proceeds of crime from fraudsters. Examining 30 years’ worth of regulatory enforcement proceedings, the Globe comes to the conclusion that…

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Published on: 20 Dec 2017 By

Auditors Must Properly Audit Their Client Companies and Would be Legally Liable if they Fail to do so, Supreme Court of Canada Holds

Case commentary: Deloitte & Touche v Livent Inc (Receiver of), 2017 SCC 63 In a long-awaited judgment rendered today, a unanimous Supreme Court of Canada held that Deloitte & Touche (now, Deloitte LLP) owed, and breached, a duty of care by failing to perform a proper statutory audi…

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Published on: 11 Dec 2017 By

R v. Comeau – Siskinds Lawyers Represent Canadian Consumers in the Supreme Court of Canada in “Free the Beer” Case

On December 6 and 7, I appeared alongside my Siskinds colleagues Paul Bates and Ron Podolny in the Supreme Court of Canada for the hearing of R v. Comeau. Siskinds represented the Interveners Consumers Council of Canada (“CCC”), Canada’s leading general interest consumer advocacy organizatio…

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Published on: 24 Nov 2017 By

Eritrean Refugees Can Sue for Slavery and Forced Labour, B.C. Court of Appeal Says

It is rare to have the opportunity to contribute to the development of the common law using human rights principles. Araya v Nevsun Resources Ltd., a case that I, colleagues at Camp Fiorante Matthews Mogerman LLP (CFM) and Toronto lawyer James Yap prosecute, is the rare opportunity to do so …

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