Daniel is a lawyer in the Toronto office of Siskinds LLP. Admitted in Ontario and New York, Daniel has acted for both class actions plaintiffs and defendants. His focus is on prosecuting securities and consumer class actions.
Daniel has been counsel in several precedent-setting securities class actions, including Arctic Glacier
. Arctic Glacier
are the first two cases to be granted leave under Part XXIII.1 of the Securities Act. Both cases also certified common-law misrepresentation claims. Arctic Glacier
was settled for $13.75 million following the successful leave and certification motion.
Daniel is also part of the team prosecuting two of the largest securities class actions in Canada, Manulife
. In Sino-Forest
the class recently secured a $117 million settlement with Ernst & Young
, the fifth largest settlement with an auditor in a securities class action in the world.
Daniel’s consumer practice focuses on protecting consumer rights. He was counsel in Helm v Toronto-Hydro Electric System Limited
, a class action concerning the Interest Act that was settled for $5.84 million following the summary judgment argument and in Wright and Zislin v United Parcel Service Canada Ltd
., a Consumer Protection Act, 2002 class action concerning “brokerage fees” charged by UPS in which the class was certified and summary judgment was granted to the class.
Daniel has acted for individuals, asset managers, pensions and companies in securities fraud litigation, consumer litigation, litigation relating to the subprime mortgage crisis, option backdating, Foreign Corrupt Practices Act
investigations and white-collar criminal defence (including representing individuals in investigations conducted by the United States Attorney's Office). He has been involved in securities actions in the finance, resource, entertainment, technology, construction, transport, consumer goods, pharmaceutical and medical device sectors.
Prior to joining Siskinds, Daniel was a member of the litigation department at Shearman & Sterling LLP, based in New York, where he focused on the defence of companies accused of securities fraud. His American experience includes litigation under the Securities Acts
of 1933 and 1934, SEC Rule 10b-5 and the Employment Retirement Income Security Act of 1974
(“ERISA”). Daniel articled at one of Canada's leading law firms including a secondment to the Ontario
Securities Commission (Enforcement Branch).
Daniel received his B.A. (Hon.) in Political Science and History from the University of Toronto and his J.D. from the University of Toronto, Faculty of Law. Among other honours, he was the recipient of the Brian Dickson Award (Top Orator) at the 2004 Gale Moot and was a championship-winning debater as an undergraduate.
Daniel frequently appears in various media to discuss class actions, securities law and consumer rights, including the Globe & Mail
, The National Post
, The Law Times
, the Canadian Press
and Canada AM. His academic writing, focusing largely on securities litigation, has appeared in the Canadian Business Law Journal
Recent representative matters include:
Dugal v Manulife Financial: a securities class action arising out of the defendant’s Variable Annuity disclosures. On July 25, 2013 leave to proceed under the Securities Act was granted and the action was certified;
Labourers v Sino-Forest et al, Ernst and Young: a $117 million settlement with one of Sino-Forest’s auditors, the 5th largest auditor settlement in the world;
Sorensen v easyhome et al: a securities class action arising out of an employee fraud resulted in one of the largest settlements in an Ontario securities class action on a percentage basis;
Dobbie and Benson v Arctic Glacier Income Fund: A securities class action concerning alleged misrepresentations regarding the competitive nature of the packaged ice market. Arctic Glacier was the second secondary market case to be granted leave pursuant to the Securities Act. Additionally, the Court certified common-law misrepresentation claims. The case settled for $13.75 million;
Wright and Zislin v United Parcel Service Canada Ltd.: A consumer class action concerning the propriety of certain fees charged by UPS to consumers. The action was certified as a class action and partial summary judgment was granted to the Class, despite the denial of certification in the parallel action in British Columbia;
Helm v Toronto-Hydro Electric System Limited: A consumer class action concerning interest disclosure. The case was settled for $5.84 million following the summary judgment argument;
Silver and Cohen v IMAX et al: A securities class action regarding a theatre system provider. This precedent-setting case was the first secondary market misrepresentation case to be granted Securities Act leave in Canada and the top 2010 “Canadian Big Suit” in The American Lawyer (April 2010);
Metzler Investment GmbH v Gildan Activewear Inc.: A securities class action in which the Class secured a USD$22.5 million settlement despite the dismissal of the parallel U.S. litigation;
Wheeler v China National Petroleum Corporation et al: A novel insider trading case against the Chinese national petroleum companies in which the Class recovered $9.99 million;
Lavender and Ferguson v Miller Bernstein LLP in which claims of auditor negligence were certified as a class action; and
Ironworkers Ontario Pension Fund v Research in Motion Inc., the first Canadian options backdating case.