The SEC crackdown on crypto-securities: SEC v. Ripple
It’s a busy new year for lawyers representing Ripple Labs Inc. (“Ripple”), as they prepare to face off with American regulators in the “Cryptocurrency Trial of the Century”. On December 22, 2020, the U.S. Securities and Exchange Commission launched an action against Ripple Labs Inc. and two of its executives alleging the violation of federal...
Continue reading the post titled The SEC crackdown on crypto-securities: SEC v. RippleI received a payment from a class action. How do I know if it is legitimate?
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 you may be required...
Continue reading the post titled I received a payment from a class action. How do I know if it is legitimate?Balance needed in franchise laws, judicial process
As judges have taken a technical and pro-franchisee approach to the interpretation of Canada’s franchise legislation, most recent developments have not proven positive for franchisors, franchise lawyer Peter Dillon says in Corporate LiveWire’s Franchise Law 2014 Virtual Round Table. “This has resulted in fairly easy access by franchisees to the right to rescind the franchise agreement within two...
Continue reading the post titled Balance needed in franchise laws, judicial processWhy Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investors
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 on March 11, 2021 jointly with IIROC1, SN 21-329 attempts to fully integrate these crypto asset trading...
Continue reading the post titled Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investorsSue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morgan’s refusal to stay an Ontario class action despite the authorization of a nearly identical...
Continue reading the post titled Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”Two corporate modernization developments taking effect today in Ontario
On October 19, 2021, Ontario is taking two significant steps toward the modernization of Ontario corporate law and services, one statutory and one procedural. These developments are of particular importance to not-for-profit corporations who have patiently awaited the arrival of a new statutory regime and simpler processes to complete their corporate filings. Ontario’s Not-for-Profit Corporations...
Continue reading the post titled Two corporate modernization developments taking effect today in OntarioAs a Canadian permanent resident, can I travel outside Canada without the Permanent Residence Card during COVID-19?
Since March 2020, Immigration, Refugees and Citizenship Canada (‘IRCC’) have being abstaining from the traditional in-person permanent residence landing appointments to validate Confirmation of Permanent Residence (‘CoPR’). Instead, the IRCC have been completing virtual landing and issuing electronic CoPRs. To facilitate the virtual landing, the IRCC use the Online Permanent Residence Confirmation Portal. The Portal...
Continue reading the post titled As a Canadian permanent resident, can I travel outside Canada without the Permanent Residence Card during COVID-19?Upheld: plaintiffs win common issues trial after 24 years of institutional abuse
In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common issues trial decision, Cavanaugh offers...
Continue reading the post titled Upheld: plaintiffs win common issues trial after 24 years of institutional abuseNot all privacy is worthy of protection: Stewart v Demme at the Divisional Court
In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Divisional Court seeks to avoid...
Continue reading the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional CourtIntervenor beware! – Brewers Retail v. Campbell
In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement purposes and sought its costs. This was a class action in respect of a proposed class...
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