On June 30, 2017, the Canadian banking regulator, the Office of the Superintendent of Financial Institutions, issued an advisory that sets out how OSF…
U.S. Supreme Court to provide needed clarity on whistleblower protections
On June 26, 2017, the United States Supreme Court greenlit an appeal that will address the definition of a “whistleblower” under the U.S. …
6524443 Canada Inc. v. Toronto (City): Ontario Court of Appeal Considers Rights of Appeal in the Context of Arbitrations
In 6524443 Canada Inc. v. Toronto (City), 2017 ONCA 486, the Court of Appeal for Ontario considered whether the appellant’s only right of appeal…
U.S. Supreme Court restrains SEC disgorgement powers
Earlier this month, a unanimous Supreme Court of the United States held that in SEC enforcement proceedings, claims for disgorgement must be commenced…
$1 billion proposed class action in the U.S. ploughs ahead
Last week, the U.S. Ninth Circuit upheld a district court’s decision in Cooper v. Tokyo Electric Power to deny defendant Tokyo Electric Power Co…
Wellman v. TELUS: Ontario Court of Appeal clarifies the impact of arbitration clauses on class proceedings
In Wellman v. TELUS Communications Company, 2017 ONCA 433, the Ontario Court of Appeal dismissed an appeal of an order denying a motion to pa…
Teal Cedar Products Ltd. v. British Columbia: The Supreme Court of Canada provides further guidance on the standard of review for contractual interpretation
In Teal Cedar Products Ltd. v. British Columbia, the Supreme Court of Canada recently confirmed that contractual interpretation typically inv…
Class counsel fees and other obstacles to class action settlements in Québec
In recent years, a considerable number of Québec class actions have been authorized (certified) for the sole purpose of approving a settlement. The Co…
Let’s make a deal[er] – 2016 a record year for MFDA enforcement activity
In a May 26, 2017 press release, the Mutual Fund Dealers Association of Canada (“MFDA”) announced its 2016 Annual Enforcement Report, repo…
Calling John Doe: Can a class action proceed with an anonymous representative plaintiff?
Can you bring a class action without publicly identifying a representative plaintiff? In the past few years, class action claimants in Canada and the …
