Elie Farkas

Ontario Superior Court denies leave and certification in proposed securities class action, provides guidance on plaintiffs’ evidentiary burden and mining issuers’ disclosure obligations

Facts literally “buried in the ground” cannot form the basis of a viable misrepresentation claim, said the Ontario Superior Court of Justice in a...

Force majeure clauses: Contractual risk allocation and the COVID-19 pandemic

Owing to the COVID-19 pandemic, the force majeure clause has entered what will hopefully be its only heyday.

Supreme Court of Canada rules Uber arbitration clause invalid and a ‘classic case of unconscionability’

The SCC released its decision in the closely watched case of Uber Technologies Inc v. Heller on June 26, 2020, and held that Uber’s arbitration...

Ontario Appeal Court addresses the definition of a “security”: if it looks, walks and quacks like a duck, it MAY be a duck

In a decision released March 16, 2020 that may have implications for the regulatory treatment of certain financial instruments in...

Carriage decision encourages striving to avoid multiplicity of class actions

In Winder v Marriott International Inc, Justice Perell granted carriage of a data breach class action commenced against Marriott International, Inc.,...

Amendments to British Columbia’s Securities Act expand enforcement powers

On October 21, 2019, British Columbia introduced Bill 33 (Securities Amendment Act, 2019), which provides for substantial amendments to the British...

Court of Appeal dismisses appeal in beer price class action citing regulated conduct defence

On April 17, 2019, the Court of Appeal for Ontario released its decision in Hughes v Liquor Control Board of Ontario, 2019 ONCA 305, dismissing the...

Canadian prosecutors secure two more convictions in foreign corruption case

Two convictions recently handed down by the Ontario Superior Court of Justice account for two of only three convictions secured by prosecutors in...