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Published on: 19 Feb 2019 By

Putting Short Sellers on a (Regulatory) Leash

Traditional investors buy low and sell high, holding the position in the meantime with the hope that the share price will increase.  Short-selling inverts this strategy and involves borrowing a stock that is believed to be overvalued, selling at the high point, and then returning the shares …

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Published on: 20 Dec 2018 By

ONCA holds that umbrella purchasers have a cause of action in a price-fixing class action

Shah v LG Chem Ltd., 2018 ONCA 819 Background: In this class action, the plaintiffs allege that the defendants conspired to fix the prices of lithium-ion batteries (“LIBs”) in North America and elsewhere between January 2000 and December 2011. As a result, the plaintiffs paid higher prices f…

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Published on: 3 Dec 2018 By

Rooney v ArcelorMittal: the Superior Court confirms the suitability of Oppression Claims for Certification

In Rooney v ArcelorMittal[1], the Plaintiffs sought certification of a proposed shareholder class action arising out of the events leading up to the successful takeover of Baffinland Iron Mines Corporation (“BIM”). The key issue in dispute was certification of claims for relief from oppressi…

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Published on: 20 Nov 2018 By

TELUS v. Wellman – Siskinds lawyers represent consumer association in the Supreme Court of Canada

On November 6, Siskinds represented the Intervener Consumers’ Association of Canada (“CAC”) in the Supreme Court’s hearing of TELUS v. Wellman. The Court’s decision could have major implications on Canadians’ access to the civil justice system. The Wellman appeal arose from a certified class…

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Published on: 24 Sep 2018 By

Class Actions Team Ranked in Band 1 in Chambers Canada 2019

The class actions team at Siskinds LLP has been ranked in the top band of the Chambers Canada 2019 guide, issued by international legal research organization, Chambers and Partners. Also of notable achievement was the inclusion of four partners who were recognized for their individual statur…

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Published on: 14 Sep 2018 By

Recent Developments in Securities Class Actions: Pre-Certification Jurisdictional Challenges

Today, capital markets are essentially borderless. Stock exchanges with physical trading floors have become an anachronism. Electronic transactions are the norm. With the click of a button, Canadian investors can buy and sell securities of foreign companies on foreign stock exchanges. But wh…

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Published on: 18 Jun 2018 By

Update: SCC Grants Leave to Appeal on Umbrella Purchaser Issue

A recent hot topic in price-fixing class actions has been whether so-called “umbrella purchasers” have a cause of action. See our recent articles here and here. Umbrella purchasers are individuals who purchased the affected product from  non-conspirator manufacturers. In support of umbrella …

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Published on: 20 Dec 2017 By

Auditors Must Properly Audit Their Client Companies and Would be Legally Liable if they Fail to do so, Supreme Court of Canada Holds

Case commentary: Deloitte & Touche v Livent Inc (Receiver of), 2017 SCC 63 In a long-awaited judgment rendered today, a unanimous Supreme Court of Canada held that Deloitte & Touche (now, Deloitte LLP) owed, and breached, a duty of care by failing to perform a proper statutory audi…

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