The Supreme Court of Canada Provides Guidance on Preferable Procedure and Access to Justice
On December 12, 2013, the Supreme Court of Canada released its decision in AIC Limited v Fischer, 2013 SCC 69, which provides very useful guidance on the preferable procedure requirement for certification, particularly on the meaning of access to justice in the preferability analysis. On Dec…
View the post titled The Supreme Court of Canada Provides Guidance on Preferable Procedure and Access to JusticeBuyer’s Remorse: Cancelling A Consumer Agreement
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…
View the post titled Buyer’s Remorse: Cancelling A Consumer AgreementAll That e-Glitters: Bitcoins and Securities Regulation
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…
View the post titled All That e-Glitters: Bitcoins and Securities RegulationCy Pres Settlements (Or, How Charities Can Benefit From Class Actions)
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…
View the post titled Cy Pres Settlements (Or, How Charities Can Benefit From Class Actions)What does it mean to “opt-out” of a class action?
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…
View the post titled What does it mean to “opt-out” of a class action?Has the Time Come to Amend Section 2(3)
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…
View the post titled Has the Time Come to Amend Section 2(3)Legal Proceedings against Persons and Businesses outside of Ontario
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…
View the post titled Legal Proceedings against Persons and Businesses outside of OntarioWhy You Should Pay Attention to Class Action Notices
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…
View the post titled Why You Should Pay Attention to Class Action NoticesThe Preferred Approach to Resolving Issues of Pass Through in Antitrust Claims
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…
View the post titled The Preferred Approach to Resolving Issues of Pass Through in Antitrust ClaimsThe International Handbook On Private Enforcement of Competition Law
Partner Charles Wright with the Class Actions Department authors a chapter in the newly released American Antitrust Institute’s The International Handbook On Private Enforcement of Competition Law published by Edward Elgar Publishing. Click the following link to visit the publisher’s websi…
View the post titled The International Handbook On Private Enforcement of Competition LawReceive Blog Posts
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