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Published on: 11 Dec 2017 By

R v. Comeau – Siskinds Lawyers Represent Canadian Consumers in the Supreme Court of Canada in “Free the Beer” Case

On December 6 and 7, I appeared alongside my Siskinds colleagues Paul Bates and Ron Podolny in the Supreme Court of Canada for the hearing of R v. Comeau. Siskinds represented the Interveners Consumers Council of Canada (“CCC”), Canada’s leading general interest consumer advocacy organizatio…

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Published on: 24 Nov 2017 By

Eritrean Refugees Can Sue for Slavery and Forced Labour, B.C. Court of Appeal Says

It is rare to have the opportunity to contribute to the development of the common law using human rights principles. Araya v Nevsun Resources Ltd., a case that I, colleagues at Camp Fiorante Matthews Mogerman LLP (CFM) and Toronto lawyer James Yap prosecute, is the rare opportunity to do so …

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Published on: 13 Nov 2017 By

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

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-got…

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Published on: 13 Nov 2017 By

Securities Disclosure and the Direct Liability of Parent Companies at Common Law

In this post, I am canvassing a topic that has been the subject of passing comment by others, but which remains an unconsidered and unresolved issue in Canadian transnational tort cases. The issue is this: in considering whether a parent company owes a duty of care to a third party affected …

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Published on: 26 Oct 2017 By

The Court of Appeal for Ontario Provides Welcome Clarity on Certification of International Classes

The Court of Appeal for Ontario released its much-anticipated decision in the Airia Brands Inc. v. Air Canada air cargo price-fixing litigation last week. The Court was asked to determine the test for jurisdiction over non-resident class members and whether the test was met in this case. Sis…

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Published on: 3 Oct 2017 By

Court of Appeal Finds in Favour of Plaintiff in Securities Class Action

A recent decision by the Ontario Court of Appeal has provided clarity on how courts should approach secondary market misrepresentation cases at the preliminary leave stage. In Rahimi v SouthGobi,[1] the Plaintiff Paiman Rahimi (represented by Siskinds) appealed a lower court decision that ha…

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Published on: 6 Sep 2017 By

Court Grants Leave to Appeal on Umbrella Purchaser Issue

Fanshawe College of Applied Arts and Technology v Hitachi, Ltd., 2017 ONSC 2791 In Fanshawe v Hitachi, the plaintiff alleges that the defendants engaged in a conspiracy to fix the prices for CRT (an older technology used in televisions and computer monitors). The plaintiff alleges breach of …

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Published on: 21 Aug 2017 By

And Who is my Neighbour? Superior Court Rejects Proposed Class Action by Survivors of the Rana Plaza Disaster

Introduction In April 2013, Rana Plaza – an unsanctioned commercial building on the outskirts of Dhaka, Bangladesh home to several clothing manufacturers – collapsed. The failure was driven in part by the industrial equipment required to manufacture garments in the building, which had a poor…

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