The latest class action settlement approval in Leslie v Agnico-Eagle Mines warns that courts may be willing to intervene to ensure a more adversarial …
US Supreme Court Agrees to Hear Challenge to Salman Insider Trading Decision
The U.S. Supreme Court has agreed to hear the challenge to the Ninth Circuit Court of Appeal’s decision in United States v. Salman, a case that hinges…
Canada’s Patent Regime Forecloses Civil Actions by Consumers in British Columbia
Canada’s patent laws are a complete code giving consumers no right to independent civil actions. This was the conclusion of the British Columbia Court…
OSC Reaches No-Contest Settlement with CI Investments
In a major development for securities law enforcement in Ontario, on February 10, 2016, the OSC announced its approval of a “no-contest” settlement wi…
The Poseidon Adventure, Part II – Big Win for Bankers Confirmed On Appeal
The Ontario Court of Appeal has confirmed an important decision limiting the exposure of investment banks to secondary market misrepresentation class …
Take Two: Aggregate Damages Award Upheld at Ontario Court of Appeal
In our previous blog post in 2014, we had reported the Ontario Superior Court in Ramdath v George Brown College had granted the first award of aggrega…
Fanshawe College v AU Optronics: Whether an Order Dismissing a Motion for Summary Judgement is a Final or Interlocutory Order
The recent decision of the Ontario Court of Appeal in Fanshawe College of Applied Arts and Technology v AU Optronics Corporation, 2015 ONCA 808, dealt…
Federal Court Refuses to Certify Class Proceeding as “Representative Proceeding” Preferable Procedure
In his December 9, 2015 decision in Canada (Royal Mounted Police) v. Canada (Attorney General) (“Jones”), Justice Locke of the Federal Court refused t…
Defining a ‘Whistleblower’
On December 31, 2015, U.S. District Judge T.S. Ellis III denied an employee whistleblower protection under the Dodd-Frank Act. Rather than reporting p…
Schwilgin v. Szivy: Costs may be Inadequate Compensation for Prejudice on a Motion for an Extension of Time
In Schwilgin v. Szivy, the Ontario Court of Appeal dismissed a self-represented litigant’s request for an extension of time to file a notice of appeal…