A class action will not be certified unless it is a fair, efficient and manageable way to resolve proposed common issues. That principle was recently …
Court rejects U.S. pension claim in Canadian CCAA proceeding
In a precedent-setting decision, Justice Fitzpatrick of the British Columbia Supreme Court held that a U.S. multi-employer pension plan’s claim …
IIROC’s 2016 enforcement report: Increased activity against individuals
The Investment Industry Regulatory Organization of Canada (“IIROC”) recently published its 2016 Enforcement Report (the “Report&rdqu…
CHAMPIX claims settled for $273 million in U.S., discontinued without costs in Canada
Notwithstanding a large settlement of similar litigation in the United States, the Ontario class proceeding Parker v. Pfizer Canada Inc. was …
Ontario budget 2017: Changes for DC plans and possible relief for plan administrators who cannot locate plan members
In the Ontario budget released on April 27, 2017, the government indicated that it will be taking steps to address the regulatory framework related to…
Plan administrators cannot “undo” negligent representation
Good employee communication is at the forefront of good pension plan governance. As fiduciaries, plan administrators are required to communicate with …
Nithiananthan v. Quash: Restricted approach to “leave on leave” in the Divisional Court
In Nithiananthan v. Quash, the administrative judge for the Ontario Divisional Court recently held that a motion for leave to appeal from an …
OSC publishes draft Rules and Practice Guideline for comments
On April 20, 2017, the Ontario Securities Commission (the “OSC”) published draft Rules of Procedure and Forms and a proposed …
Ontario court finds representative proceeding to be time-barred despite being commenced within the limitation period
In Caetano v Quality Meat Packers, 2017 ONSC 1199, Justice Belobaba of the Ontario Superior Court recently had opportunity to consider whethe…
R v. Perkins: No jurisdiction to re-open appeal heard on the merits
In R v. Perkins, the Court of Appeal for Ontario held that it did not have the jurisdiction to re-open a sentence appeal that had been heard …
