In October 2016, the U.S. Security and Exchange Commission (“SEC”) announced Ernst & Young LLP agreed to pay $11.8 million t…
“Who Did I make a Deal with?”: Quebec Court Authorizes Consumer Class Action for False Representations Against a Franchisor
In the recently decided case Cantin c. Ameublements Tanguay inc., 2016 QCCS 4546 (the “Cantin Case”), the S…
Richmond Hill (Town) v Elginbay Corporation: Statutory Uncertainty Required for Deference to Tribunal
In its decision in Richmond Hill (Town) v Elginbay Corporation, 2016 ONSC 5560 the Ontario Divisional Court noted that in order for a tribunal’s statu…
On the Path to Change: Ontario Fall Economic Statement 2016
The direction of pensions law in Ontario just became a little clearer. In its Fall Economic Statement released on November 14, 2016, the Government of…
U.S. Department of Labour Fiduciary Rule Survives First Legal Challenge
On November 5, 2016, the United States Department of Labour (the “DOL”)’s Fiduciary Rule for retirement accounts survived the first …
Bill C-27 to add annuity purchase provisions to the PBSA
On October 19, 2016, Bill C-27 was introduced in the House of Commons. The big news from the introduction was that Bill C-27, if passed, would a…
No need for a “Plain Jane Plaintiff”: Pre-Certification Discovery and Challenging the Representative Plaintiff
Just how “representative” should a representative plaintiff be? That question was at the heart of a pre-certification discovery motion in …
Boston Pizza v Registrar, Alcohol and Gaming: Standard of review applicable to decision of the License Appeal Tribunal is reasonableness
The Divisional Court’s decision in 2193145 Ontario Inc. o/a Boston Pizza v Registrar, Alcohol and Gaming, 2016 ONSC 3552 clarifies that the standard …
‘A New Day Has Arrived’: Continued Focus on Individual Wrongdoing
The “Yates Memo,” which instructs United States prosecutors to focus on individual wrongdoers when investigating or prosecuting alleged co…
Who is a Consumer? Consumer Protection Claims Where Consumers Cannot be “Objectively” Identified
A developing line of British Columbia certification decisions provides a strong basis to resist certification of consumer protection claims where the …
