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1
Summary Judgment On Six-Packs: Hughes v. LCBO
On April 17, 2019, the Court of Appeal for Ontario released its decision in Hughes v Liquor Control Board of Ontario, upholding the dismissal of a proposed class action against the Liquor Control Board of Ontario...
Canada
3 Jul 2019
2
Bennett v. Hydro One: The Divisional Court Cuts The Power To A Systemic Negligence Class Action
On December 31, 2018, the Divisional Court released its decision in Bennett v. Hydro One Inc. et al with respect to the appeal of the dismissal of a motion for certification of the action as a class proceeding.
Canada
11 Feb 2019
3
When Is A Promissory Note A Security And Not A Loan?
Tiffin Financial Corporation ("TFC") and its principal Daniel Emerson Tiffin ("Tiffin"), were subject to a cease-trade order (the "Order") issued by the Ontario Securities Commission (the "OSC") in relation to a foreign exchange investment scheme.
Canada
26 Nov 2018
4
"Technically And Substantively Unfair": The Case Against Case Splitting In Secondary Market Class Actions
On July 26, 2018, Justice Perell of the Ontario Superior Court of Justice released his decision in Johnson v. North American Palladium Ltd.
Canada
14 Sep 2018
5
Auditor Liability Revisited: Lavender v. Miller Bernstein LLP
Several common issues were certified on consent, including inter alia whether the auditor owed a duty to the class and, if so, whether it breached that duty.
Canada
12 Sep 2018
6
Certainty Trumps Equity: The Continuing Saga Of Yaiguaje v. Chevron Corporation
In 2011, the Ecuadorian plaintiffs obtained a $9.5 billion USD judgment in Ecuador against Chevron for environmental damages relating to its past operations in the country.
Canada
18 Jun 2018
7
International Insurance And Uber Drivers: The Ontario Courts Reinforce The Competence Principle
In Trade Finance Solutions Inc. v. Equinox Global Limited, the Ontario Court of Appeal reversed the motion judge and found that an international insurance agreement ...
Canada
7 Mar 2018
8
An Entrepreneurial Expectation Of Risk: Yip v. HSBC Holdings
On the subsequent motion to address the costs to be awarded to the successful defendants, the Bank sought roughly $1 million in costs.
Canada
13 Dec 2017
9
Differently Situated Defendants And Preferable Procedure: LBP Holdings Ltd. v. Hycroft Mining Corp.
The representative plaintiff sought to certify a class proceeding on behalf of primary market shareholders against two classes of defendants.
Canada
13 Nov 2017
10
Auditor Held To Owe Duty To "Client's Clients"
In Lavender v. Miller Bernstein LLP, Justice Belobaba heard a motion by the representative plaintiff for summary judgment on several of the common issues certified in the class proceeding against the defendant auditor.
Canada
12 Sep 2017
11
Wind-Downs, Retainers And Releases: The Ontario Court Of Appeal Decision In Trillium Motor World
In two sets of comprehensive reasons, the Court dismissed the appeal from the liability finding against Cassels Brock ("Cassels"), allowed in part the appeal on the calculation of damages...
Canada
14 Jul 2017
12
Ontario Court Of Appeal Provides Guidance On Composition Of OSC Panels
​In Ontario Securities Commission v. MRS Sciences Inc. et al., the Ontario Court of Appeal dismissed an appeal from the decision of the Divisional Court and maintained that, with respect to the two phases...
Canada
9 May 2017
13
Ontario Court Of Appeal Certifies A Global Investor Class
​In Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, the Ontario Court of Appeal reversed the motion judge's decision, which had dismissed the representative plaintiff's motion...
Canada
10 Mar 2017
14
The Supreme Court Opines On The Law Of Unintended Consequences
At common law, Courts have always had the power, through the equitable remedy of rectification, to correct mistakes in a contract where that instrument incorrectly records the parties' agreement.
Canada
24 Feb 2017
15
Access To Justice Above All: The Court Of Appeal Revisits Preferable Procedure
The representative plaintiff advanced a claim of negligent misrepresentation.
Canada
25 Aug 2016
16
Less Is Not Always More: The Court Of Appeal Addresses A Consortium Carriage Fight
The Ontario courts have developed a body of caselaw to address the problem that arises where multiple law firms seek to advance what is essentially the same class proceeding.
Canada
20 Jul 2016
17
Lottery Winnings And Penny Stocks: Court Allows Action To Proceed Against Financial Advisors
On June 14, 2016 the Ontario Superior Court allowed an action commenced by the estate of a deceased lottery winner to continue against her former investment advisors
Canada
30 Jun 2016
18
Contribution And Causation: The IPEX Case
IPEX manufactured a composite pipe called Kitec that was used in plumbing and heating in thousands of residential and commercial premises across North America.
Canada
20 Jun 2016
19
Sharing Is Caring … Or Maybe Not? Ontario Judge Refuses To Approve A Class Action Fee Sharing Agreement
On May 25, 2016, the Court of Appeal for Ontario will hear the appeal in Bancroft-Snell v Visa Canada Corporation...
Canada
23 May 2016
20
Jurisdictional "Whack-A-Mole": Overlapping Class Actions And Abuse Of Process
Financial institutions often operate both nationally and internationally. Due to this common feature of business, such institutions may be the subject of multi-jurisdictional class actions.
Canada
19 May 2016
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