First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank
In Dufault v Toronto Dominion Bank, 2021 ONSC 6223, the Ontario Superior Court considered the sequencing of pre-certification motions under s. 4.1 of the amended Class Proceedings Act for the first time. The amendment provides as follows: Early resolution of issues 4.1 If, before the hearing…
View the post titled First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion BankSue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, uph…
View the post titled Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claims
In Badesha v Cronos Group, Justice Morgan denied the plaintiff’s motions for leave to proceed with statutory misrepresentation claims under Part XXIII.1 of the Ontario Securities Act (“OSA”) and for certification pursuant to the Class Proceedings Act, 1992. The case raises interesting questi…
View the post titled Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claimsAre COVID-19 unemployment payments deductible from wrongful dismissal damages?
When the COVID-19 pandemic led to widespread layoffs in Q2 2020, the Canadian government introduced the unprecedented Canada Emergency Recovery Benefit (or “CERB”). CERB was retired in September 2020 and was replaced with (among other things) the EI Emergency Response Benefit (“EI ERB”) and …
View the post titled Are COVID-19 unemployment payments deductible from wrongful dismissal damages?COVID-19 temporary layoffs: Not constructive dismissal after all?
Throughout the COVID-19 pandemic, many employers have been forced to temporarily lay employees off because of unexpected business disruptions and/or shutdowns. After over a year of media articles, commentary and legal webinars, employers are likely aware that a temporary layoff is presumptiv…
View the post titled COVID-19 temporary layoffs: Not constructive dismissal after all?Securities regulators target Poloniex, an unregistered cryptocurrency exchange
Canadian regulators have escalated their confrontation with unregistered Crypto-Platforms.1 On May 25, 2021, the OSC issued a Notice of Hearing and Statement of Allegations2 accusing Polo Digital Assets, Ltd., a Crypto-Platform operating under the name Poloniex, of registration and disclosur…
View the post titled Securities regulators target Poloniex, an unregistered cryptocurrency exchangeJohn R. Kennedy, Long-Term Partner and Friend
Siskinds is deeply saddened to have lost our dear friend, valued partner and colleague John Kennedy on Sunday, May 16, 2021. Graeme Sperryn, a partner of John’s in the Business Law Group, writes: John will be greatly missed by all who knew him. He was larger than life, an indefatigable optim…
View the post titled John R. Kennedy, Long-Term Partner and FriendOntario Superior Court rules employer can’t refuse to comply with termination clause and later argue it’s enforceable
A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, suggests that employers run the risk of being found to have “repudiated” an otherwise valid employment agreement if they fail to comply with the termination provisions of that agreemen…
View the post titled Ontario Superior Court rules employer can’t refuse to comply with termination clause and later argue it’s enforceableWhy Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investors
In Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“SN 21-329”), the Canadian Securities Administrators (CSA) issued an ultimatum to crypto asset platforms operating within Canada or with Canadian users: Register, or else. Published o…
View the post titled Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investorsI received a payment from a class action. How do I know if it is legitimate?
Voir en français At one time or another, you may have received notification that you are eligible to participate in a class action. The notice will tell you how to file a claim, usually by completing an online form on a website dedicated to the administration of the class action. Sometimes y…
View the post titled I received a payment from a class action. How do I know if it is legitimate?Receive Blog Posts
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