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Published on: 12 Aug 2019 By

Vedanta Resources PLC v Lungowe, [2019] UKSC 20

Removing straitjackets, and widening the potential scope of parent company liability for a subsidiary’s actions Can the parent company of a multinational group owe a duty of care to a third party for the actions of a foreign operating subsidiary? There remains no definitive answer at the tim…

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Published on: 7 Aug 2019 By

Speeding up Certification by Extending Filing Deadlines?

On July 17, 2019, the Law Commission of Ontario (“LCO”) released its final report, Class Actions: Objectives, Experience and Reforms. The LCO report makes 47 recommendations to reform Ontario’s Class Proceeding Act (“CPA”) and related policies. One major theme of the report is that the speed…

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Published on: 28 May 2019 By ,

Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct Defence

On April 17, 2019 the Court of Appeal of Ontario released its decision in Hughes v. Liquor Control Board of Ontario, 2019 ONCA 305 [Hughes]. The Court of Appeal’s decision provides guidance to counsel on the scope of the Regulated Conduct Defence (the “RCD”). The RCD is a defence in the Comp…

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Published on: 22 Apr 2019 By ,

Mandatory Arbitration Provisions in the Class Action Context

Mandatory Arbitration Provisions in the Class Action Context: TELUS Communications Inc. v. Wellman, 2019 SCC 19 On April 4, 2019, the Supreme Court of Canada issued reasons in TELUS Communications Inc. v. Wellman. The Supreme Court’s 5-4 decision provides important guidance on the applicabil…

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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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