A business subject to a class action receives a “without prejudice” letter from a potential class member offering to settle a small personal claim for…
Essar Steel Algoma Inc. (Re): Determining Appeal Procedure in CCAA proceeding
In Essar Steel Algoma Inc. (Re), Justice David Brown of the Ontario Court of Appeal held that the ambit of orders “made under” the Companies’ Creditor…
A Review of New Whistleblower Protections Under Ontario’s Securities Act
In connection with the establishment of the Ontario Securities Commission’s new Whistleblower Program in July 2016, which includes monetary incentives…
Fanshawe College of Applied Arts and Technology v. Au Optronics Corporation: Consolidating Class Action Appeals While Refusing to Strike Portions of a Factum
Fanshawe College of Applied Arts and Technology v. Au Optronics Corporation, is a short endorsement of the Ontario Court of Appeal that addressed two …
Three Scotia Dealers Reach No-Contest Settlement with OSC
On July 29, 2016, the Ontario Securities Commission approved a no-contest settlement agreement with three Bank of Nova Scotia dealers in connection wi…
BC Court Refuses to Certify Smart Meter Radio Emissions Class Action
The BC Supreme Court’s recent refusal to certify a class action in Davis v British Columbia Hydro and Power Authority re-affirms that although the evi…
Fighting On Many Fronts: Court Allows Individual Action To Proceed Alongside Class Actions
In Crider v Nguyen, 2016 ONSC 4400, Justice Perell of the Ontario Superior Court recently dismissed a motion by Zimmer, the manufacturer of a hip impl…
Initial Board of Directors and New Implementation Timelines Announced for Canada’s Securities Regulatory Regime
In an important step towards implementing Canada’s Cooperative Capital Markets Regime, the participating jurisdictions have made the long awaited anno…
SS v. Nova Scotia (Community Services): Nova Scotia Court of Appeal Asked to Reconstitute Appeal under the Judicature Act
In a relatively rare request, the Nova Scotia Court of Appeal was recently asked to reconstitute an appeal under the Judicature Act that the appellant…
Defendants Sidelined in Third Party Funding Motion
Justice Perell’s July 7, 2016 decision in Berg v. Canadian Hockey League is the most recent development in the evolving law surrounding the role of th…