Class Actions

Buyer’s remorse: that feeling you get the moment you realize you’ve made a purchasing decision that seemed like a good idea at the time, but later seems like a huge mistake. Buyer’s remorse can happen for a number of reasons, and is especially common where you feel pressure to make a decisio…

What are Bitcoins and what laws apply to them? In a new post, Siskinds class action lawyer Daniel Bach explains what Bitcoins are and looks at a recent US court decision considering whether or not they should be governed by securities laws. The age-old question: “if a new security purports t…

In fall 2010, Siskinds was retained to bring a proposed class action against Toronto Hydro-Electric System Limited (Toronto Hydro) on allegations that the utility company illegally charged interest at a rate of 19.56% per year. By way of background: The Interest Act requires that where inter…

What does it meant to “opt-out” of a class action? In her latest article, Siskinds Associate Linda Visser looks at what it means to opt-out of a class action. She considers the benefits of participating in class actions and provides an example of a situation where it may be worthwhile to not…

Is it time to abandon the ninety-day rule? Has the Time Come to Amend Section 2(3) (the “Ninety-Day Rule”) of the Class Proceedings Act, 1992? Section 2(3) of the Class Proceedings Act, 1992 (CPA) requires that a certification motion be made “within ninety days.”1 The timing of the certifica…

In Van Breda,[1] a recent decision of the Supreme Court of Canada, the Court articulated a test which, if satisfied, allows Canadian courts to adjudicate disputes against persons who are not physically present in their territory. It is often particularly important to persons who have potenti…

This paper answers the question – why should you pay attention to a class action notice. To answer this question, it is necessary to provide some background regarding the content and purpose of class action notices. Introduction This paper answers the question – why should you pa…

The Preferred Approach to Resolving Issues of Pass Through in Antitrust Claims (Presented at the 2012 International Cartel Workshop. American Bar Association. Feb 1-3, 2012) Introduction Just as numerous countries around the world begin to address civil claims for cartel conduct and decide o…

Introduction Although numerous price-fixing conspiracy class actions have been commenced in Canada, only a relatively small number have proceeded to a contested certification motion.  For those that have proceeded to a contested certification, one of the main challenges for plaintiffs has be…