Class Actions

Ontario Court rejects notion that class members must be “clones.” Judges on a certification motion do understand that class members are not clones and even if they were clones, judges understand that individual clones may have had different experiences with the defendant. Commonality is not …

Canadian regulators have escalated their confrontation with unregistered Crypto-Platforms.1 On May 25, 2021, the OSC issued a Notice of Hearing and Statement of Allegations2 accusing Polo Digital Assets, Ltd., a Crypto-Platform operating under the name Poloniex, of registration and disclosur…

Data breaches are among the most common areas of subject matter for Canadian class actions in 2021. There are currently more than 80 class actions involving privacy breaches in progress across the country.1 Siskinds itself represents class members in several prominent ongoing privacy breach …

In Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“SN 21-329”), the Canadian Securities Administrators (CSA) issued an ultimatum to crypto asset platforms operating within Canada or with Canadian users: Register, or else. Published o…

In a previous blog post we had discussed the origin of cy-près distributions and their benefits. In sum, cy-près distributions help to enforce one of the public policy rationales behind class actions: behaviour modification by holding wrongdoers accountable for their actions. Where it is no …

Health Canada expands growing list of hand sanitizer recalls… What to know about Canada’s onion recall… Fresh imported peaches recalled due to salmonella If you search the term “recall” on a Canadian news website, chances are you will find a lengthy list of headlines like these. But despite …

Voir en français At one time or another, you may have received notification that you are eligible to participate in a class action. The notice will tell you how to file a claim, usually by completing an online form on a website dedicated to the administration of the class action. Sometimes y…

UPDATE: the FTC has now finalized its settlement with Flo Health, Inc., which requires Flo to notify affected users directly about the disclosure of their personal information to unauthorized third parties. If you are concerned or notified that your personal information may have been impacte…

Hand sanitizer recall sparks concern … Red onion recall expands across Canada due to Salmonella outbreak… Additional ranitidine products recalled worldwide If you search the term “recall” on a Canadian news website, chances are you will find a lengthy list of headlines like these. But despit…

The race to launch Canada’s first ETF is over, and the Purpose Bitcoin ETF is the winner. In regulatory filings published only a few days ago on SEDAR, the Purpose Bitcoin ETF disclosed that the OSC had issued a receipt for its long-form prospectus. To offer securities to the public, an inve…