Kevin O’Brien Kevin O’Brien

Ontario court finds Ontario law applies to purchases over foreign stock exchange

In Paniccia v. MDC Partners Inc., 2017 ONSC 7298, the Ontario Superior Court of Justice determined that Ontario was the most appropriate forum in...

Shifting sands of the law of privilege

In the past year, the Supreme Court of Canada reaffirmed the sanctity of solicitor-client and litigation privilege, setting a high standard for...

United States v. Allen: Second Circuit’s decision has cross-border ramifications for compelled evidence

The United States Court of Appeals for the Second Circuit has refused to re-hear its decision in United States v. Allen, which ruled that it is...

OFAC announces sanctions settlement against Canadian company’s U.S. parent

On October 5, 2017, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) announced a $372,465 settlement with...

OFAC announces two major sanctions fines in July

This past July, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) announced two major fines for sanctions...

Cy-près funds are not for individual class members’ benefit, finds Ontario Court

In cases where it is not possible or practical to give all of the money from a class action settlement directly to class members, or where funds are...

Supreme Court clarifies test for personal liability of directors for oppressive conduct

In its decision released today in Wilson v Alharayeri, the Supreme Court of Canada affirmed the test as to when liability may be assigned to...

UK Court holds counsel’s interview notes during internal investigation are not privileged

In a decision released on May 8, 2017, London’s High Court held that interview notes and working papers prepared by a company’s external...

Ontario Court of Appeal declines to grant retroactive relief in securities class action

In its recent decision in Pennyfeather v. Timminco Limited, the Court of Appeal for Ontario declined to retroactively relieve the plaintiff from the...

CASL’s soon-to-be-enacted private right of action brings risk of class proceedings

On July 1, 2017, the private right of action under Canada’s Anti-Spam Legislation (CASL) will come into force. Largely enacted in January 2014,...