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In Stenzler v TD Asset Management Inc., the Ontario Divisional Court recently denied an appeal by TD Asset Management Inc. (“TDAM”) from a decision certifying the Plaintiff’s action to recover trailing commissions he alleges were improperly paid by TDAM to Discount Brokers1. TDAM pays trailing commissions to Discount Brokers on behalf of investors who hold...

On September 23, 2020, the US Securities and Exchange Commission (“SEC”)  finalized changes to its highly successful whistleblower program (the “SEC Program”)1. Since it began, the SEC Program has paid over $500 million in total rewards to tipsters.  Earlier this June, one anonymous individual was handsomely rewarded with nearly $50 million for detailed evidence about...

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 disapproved by finding instances of difference.[1] The Supreme Court of Canada has described the “commonality...