News & Publications

Eva Markowski

2018 Year In Review For American and Canadian Whistleblower Programs

Written by on December 18, 2018.

Fiscal Year 2018 was a nice year for tippers to the U.S. Securities and Exchange Commission (“SEC”) whistleblower program (“SEC program”), thanks to some misbehaving companies. The SEC made record-breaking payouts of about $168 million to 13 whistleblowers in 2018.   The SEC program was initiated to encourage specific, timely and credible tips to the SEC of corporate misconduct, such as insider trading and fraud. Since its creation in 2010, the SEC program has awarded over $326 million...

Goodbye, Backlogs; Hello, Agency Class Actions

Written by on September 11, 2018.

Government agencies across Canada are struggling to process a growing backlog of claims.   Few agencies are immune.  In April 2018, an independent review concluded that Canada’s refugee determination system is dealing with a surge in claims that it is ill-equipped to manage.  In December 2017, the media reported on the skyrocketing volume of veterans disability claims waiting in queue. The usual fixes are proposed:  More time, more money, more staffing.  But a promising alternative ma...

Competing Class Actions: The Unsettled Law of Carriage Motions

Written by on April 24, 2018.

Class counsel trying to predict the outcome of a carriage motion has little to learn from two recent decisions by the Ontario Superior Court of Justice. Carriage motions are unique to class actions.  They arise when multiple class actions are filed for what is essentially the same case and counsel are unwilling to work together.  In these circumstances, the court is asked to determine which counsel (or counsel group) will have “carriage” of the class action. Courts are supposed to gr...

Securities Fraudsters to the SEC: Can We Have Our Money Back?

Written by on November 13, 2017.

Canadian class action litigators have the reputation of being more cautious than their neighbors to the south.  It's a reputation surely bolstered by a recent example of colossal chutzpah where acknowledged fraudsters launched an American securities class action to recover their ill-gotten gains. The American Supreme Court seems to have stoked the fires when it published a tantalizing footnote in a recent securities law opinion, Kokesh v. SEC, 137 S. Ct. 1635 (2017).  Kokesh was a unanimous...