Craig Lockwood Craig Lockwood

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...

Ontario court decertifies class action because representative plaintiff’s post-certification conduct showed he was unsuitable

Can a class action continue if the only available representative plaintiff is not suitable for the role? In Azar v. Strada Crush Limited, Justice...

Let’s be “mutually exclusive” – Alternative procedures in the preferable procedure analysis

In the recently released decision Whitehouse v. BDO Canada LLP, Justice Perell rejected the Defendant’s arguments regarding the preferable...

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.,...

No cutting class: OCA confirms that individual class members cannot appeal settlement orders

The Ontario Court of Appeal has confirmed that class members in a class action do not have a right to appeal a settlement approval order under the...

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...

Saskatchewan Court of Appeal confirms that “General Causation” need not be certified as a common issue in failure to warn class actions

In Bayer Inc v Tluchak Estate, the Saskatchewan Court of Queen’s Bench certified a class action involving the prescription anticoagulant...

Court highlights value of first-settling defendant co-operation in “ice breaker” settlements

In a recent decision from the Ontario Superior Court of Justice, Di Filippo and Caron v. Bank of Nova Scotia et al, 2019 ONSC 3282 (Di Filippo),...

Seeing the forest for the trees: Ontario Court of Appeal dismisses Sino-Forest executives’ appeal of OSC decision

On June 3, 2019 the Ontario Court of Appeal released its decision in Hung et al, v. Ontario (Securities Commission), upholding the ruling of the...

Wellman v. TELUS: Supreme Court emphasizes enforceability of arbitration provisions

In its 5-4 decision in Wellman v. Telus, the SCC confirmed the enforceability of arbitration provisions in the context of business (i.e.,...