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…
Court of Appeal Dismisses Pet Valu Class Action and Confirms Courts not to Recast Common Issues where Prejudicial to Defendants
A recent decision of the Ontario Court of Appeal in the Pet Valu franchise class action should give defendants to class proceedings optimism that cour…
Raymond v. Brauer: Nova Scotia Court of Appeal Considers the Ability of a Judge Sitting Alone to Summarily Dismiss an Appeal
In Nova Scotia, a judge of the Court of Appeal, sitting alone, may summarily dismiss an appeal if it fails to disclose any ground for appeal. The Nove…
Lawyer as Gatekeeper: Ending up on the wrong side of the law
There were plenty of headlines in 2015 for Martin Shkreli, the 32-year old former CEO of Turing Pharmaceuticals, who eventually became known as the “m…
Concurrent Applications for Authorization to Institute a Class Action: The Quebec Approach
Where multiple aspiring class representatives file concurrent applications involving the same parties, concerning the same object and presenting ident…
Catalyst Capital Group Inc. v. Moyse: Court of Appeal Confirms an Order Dismissing a Motion for Contempt is Interlocutory
In its November 17, 2015 decision, The Catalyst Capital Group Inc. v. Moyse, the Ontario Court of Appeal confirmed that an order dismissing a motion f…
U.S. Department of Justice Claims Billions from Volkswagen in the Latest Emissions Scandal Salvo
One of the highest-profile corporate scandals of 2015 has continued to plague German automaker Volkswagen in 2016, as the U.S. Department of Justice h…
Hoang v. Vicentini: Reasonable Apprehension of Conflict of Interest Found Based on Position Taken in Notice of Cross-Appeal
The importance of a notice of cross-appeal was showcased in the recent decision of the Ontario Court of Appeal in Hoang v. Vicentini, where counsel fo…
Sanctions Ordered in Finkelstein/Azeff Insider Trading and Tipping Decision
On August 24, 2015, the Ontario Securities Commission (“OSC”) released its long awaited Reasons and Decision on Sanctions and Costs in the Finkelstein…
