Category: Class Actions

Page: 3 of 6Page 3 de 612345...>>>

Access Denied: Primary Market Liability Regime Not Available to Secondary Market Security Holders

August 31, 2016

In its recent decision in Rooney v. ArcelorMittal S.A. (Rooney), the Court of Appeal for Ontario (Court) held that primary market investors have the option of suing both the offeror and its directors and signatories for misrepresentations in a circular pursuant to section 131(1) (within Part XXIII) of the Ontario Securities Act (Act). However, secondary market investors must bring their…

Honest Weight: Court of Appeal Affirms Threshold for Leave in Secondary Market Securities Class Action

August 29, 2016

In its recent decision in Mask v. Silvercorp Metals Inc. (Mask), the Court of Appeal for Ontario (Court) dismissed an appeal of the denial of leave and certification to a proposed statutory secondary market securities class action under Part XXIII.1 of the Ontario Securities Act (Act). In so doing, the Court affirmed that it must engage in some weighing of…

Please Hang Up: Court Dismisses Certified Prepaid Wireless Services Class Action Contract, Gift Card Regulation Claims

April 18, 2016

In Sankar v. Bell Mobility Inc., the Ontario Court of Appeal (Court) granted summary judgment dismissing a certified class action against Bell Mobility Inc. (Bell) related to prepaid wireless services credits. The Court found the plain meaning of the interrelated documents that formed each customer’s prepaid phone contract with Bell was that unused prepaid funds expired at the end of…

Ontario Court of Appeal Upholds Certification of Reformulated G20 Class Actions

April 12, 2016

On April 6, 2016, the Ontario Court of Appeal (OCA) released its decision in Good v. Toronto (Police Services Board) (Good). In upholding the certification of two class actions against the Toronto Police Service (TPS), the OCA has again permitted a class action plaintiff to substantially reformulate her case on appeal from an unsuccessful certification motion, with little countervailing consequence…

One Step Closer to Mandatory Breach Reporting Across Canada: Consultations Open

March 16, 2016

On March 4, 2016, Innovation, Science and Economic Development Canada (Ministry) published a consultation document soliciting input from stakeholders on the development of regulations that will support mandatory data breach reporting requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA). Parties interested in participating in this consultation must provide comments in writing by May 31, 2016. BACKGROUND In…

Legal Trends 2016: Litigation & Dispute Resolution

February 29, 2016

ONE | INCREASING POWER OF ADMINISTRATIVE TRIBUNALS In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings. Administrative monetary penalties have become popular with regulators but controversial among regulated persons and legal observers. In recent years, both federal and provincial…

Legal Trends 2016: Intellectual Property

February 28, 2016

ONE | LEGISLATIVE CHANGES The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already taken effect. These include amendments to the Copyright Act and Trade-marks Act to introduce customs enforcement measures against counterfeit goods. Other changes, such as the…

De Minimis Principle Returns to Class Actions in Quebec

February 17, 2016

In our November 2015 Blakes Bulletin: De Minimis Rule is Back in the Context of Class Actions, we analyzed the Sofio c. Organisme canadien de réglementation du commerce des valeurs mobilières (Sofio) decision of the Court of Appeal of Quebec (Court), which applied the legal maxim de minimis non curat praetor, according to which courts should not concern themselves with…

Food and Beverage Class Actions in Canada: What Are the Litigation Risks?

February 10, 2016

Class actions in Canada are on the rise. With the imposition of strong consumer protection laws, expanding regulation of food and health generally, and enhanced government scrutiny, consumers are increasingly taking on companies for failure to fulfil legal requirements or for engaging in false or misleading advertising. This trend is particularly heating up in the food and beverage industry, where…

Page: 3 of 6Page 3 de 612345...>>>