The Supreme Court of the United States recently provided guidance regarding the U.S. Securities and Exchange Commission’s (the “SEC’…
Court of Appeal opens door for negligence claims against investment funds
In its recent securities class action decision in Wright v. Horizons ETFS Management (Canada) Inc., 2020 ONCA 337, the Court of Appeal for On…
Expert’s generic opinion doesn’t cut it: appellate court denies certification in cannabis class action
To certify a product liability or toxic substance class action, a plaintiff must provide some evidence of a workable methodology for proving that the …
E-commerce: COVID-19 as a catalyst for change?
The COVID-19 pandemic is disrupting the e-commerce landscape and will have a lasting effect on how businesses conduct online transactions in a post-pa…
The Québec Court of Appeal clarifies the Jordan framework when a new trial is ordered
Be aware – the Québec Court of Appeal recently ruled that the “Jordan clock” should be reset to zero for a retrial, which may force …
Electronic communications – A key tool for compliance with disclosure obligations for Ontario plan administrators amidst COVID-19 business disruption
The ongoing COVID-19 pandemic continues to cause significant business disruption across all sectors of our society. Pension plan administrators …
COVID-19 class actions: Cautionary reminders from south of the border
Canadian companies have faced an unprecedented last few months in the wake of the COVID-19 pandemic and the subsequent measures to contain its spread….
Preparing for the reopening of Canada’s economy: Best practices for resuming operations and managing risk
As governments across Canada announce their frameworks to reopen the economy, and provinces begin to gradually ease emergency restrictions, companies …
Galaxy Note 7 recall campaign defeats class action
On April 9, 2020, the Québec Superior Court dismissed an application for authorization to institute a class action against Samsung Electronics Canada …
Written “hearings” as an alternative format during the COVID-19 emergency
As summarized in our periodically-updated post regarding appellate courts’ responses to COVID-19, certain courts are using written “hearin…