It is trite to say that capital markets know no borders. Increasingly, this reality is prompting capital markets regulators and enforcers around the w…
Converting an individual action to a class proceeding
In a recent decision from the British Columbia Supreme Court, the Court considered an issue of first impression in that province; i.e., whether an ind…
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, …
Ontario court decertifies class action for lack of evidence of commonality
In a recent decision by the Ontario Superior Court of Justice, a class action was decertified on the basis that the common issue as certified was not …
Court Approves US-Style Group Claim for Hate Speech
An Ontario court has found that while a class action for defamation and injury cannot be brought against individuals for promoting hate speech at the …
OSC Fines Mutual Fund Manager $1.5 Million in Relation to Prohibited Payments and Gifts Violations
The Ontario Securities Commission has ordered Sentry Investments Inc. (“Sentry”) to pay a $1.5 million administrative penalty for payments…
Gray v. Gray: Appeal De-listed Pending Decision on Motion to Set Aside Order in Family Court
In Gray v. Gray, the Court of Appeal for Ontario de-listed an appeal from the Superior Court of Justice, Family Court Branch (“Family Court&rdqu…
Alberta Court of Appeal affirms finality of class action settlements
The Alberta Court of Appeal recently affirmed the fundamental importance of finality in class actions, particularly the finality of settlement approva…
Weir’s Construction Limited v Warford: Newfoundland Court of Appeal applies the new Court of Appeal Rules regulating interventions
In Weir’s Construction Limited v Warford, the Newfoundland Court of Appeal considered an application for intervenor status under Rule 38 of the …
DOJ announces extension for its FCPA cooperation pilot program
White collar law enforcers and regulators rely heavily on tips and voluntary reporting to enhance their enforcement capabilities. As discussed previou…