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Searching Content indexed under Trials & Appeals & Compensation by Bevan Brooksbank ordered by Published Date Descending.
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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
"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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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
16
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
17
Court Interprets CFO's Class Action Settlement Narrowly
The underlying class action initiated in 2011 concerned allegations of secondary market securities misrepresentations.
Canada
22 Mar 2016
18
Court Of Appeal Provides Guidance On Common Issues And Franchisors' Duty Of Good Faith
On January 14, 2016 the Ontario Court of Appeal released its unanimous decision in 1250264 Ontario Inc. v. Pet Valu Canada Inc.
Canada
27 Jan 2016
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