Competing Class Actions: The Unsettled Law of Carriage Motions
Class counsel trying to predict the outcome of a carriage motion has little to learn from two recent decisions by the Ontario Superior Court of Justice. Carriage motions are unique to class actions. They arise when multiple class actions are filed for what is essentially the same case and co…
View the post titled Competing Class Actions: The Unsettled Law of Carriage MotionsTowards 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…
View the post titled Towards a More Cooperative Canadian Class Action Regime: CBA Adopts Revised Judicial Protocol on Multijurisdictional Class ActionsEU Data Privacy Changes Are Just Around the Corner
The General Data Protection Regulation (GDPR) is a series of laws that were approved by the European Union Parliament that come into effect on May 25th, 2018. The GDPR standardizes data protection across the EU member states and will bring harmonization across the EU regarding data privacy. …
View the post titled EU Data Privacy Changes Are Just Around the CornerThe Role of Class Actions in Price-Fixing Enforcement
Introduction I’ve spent my legal career acting for plaintiffs in price-fixing class actions, a somewhat obscure niche which, until recently, simultaneously confounded and fascinated most people I met. Last fall, the Canadian Competition Bureau raided the offices of several major grocery chai…
View the post titled The Role of Class Actions in Price-Fixing EnforcementWhat 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…
View the post titled What Does it Take to be a Representative Plaintiff in a Class Proceeding?Daniel Bach Interviewed by BNN about TD & RBC Trading Service Outage
On January 5th, class actions lawyer Daniel Bach spoke with BNN regarding the TD and RBC trading service outage. He gave his opinion on whether or not it had valid issues for a class action lawsuit. Catch his full interview here, starting at 1h:08.
View the post titled Daniel Bach Interviewed by BNN about TD & RBC Trading Service OutageClass 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…
View the post titled Class Proceedings Can Fill the Gap in Canadian Regulatory ActionAuditors 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…
View the post titled Auditors Must Properly Audit Their Client Companies and Would be Legally Liable if they Fail to do so, Supreme Court of Canada HoldsR 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…
View the post titled R v. Comeau – Siskinds Lawyers Represent Canadian Consumers in the Supreme Court of Canada in “Free the Beer” CaseEritrean 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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