Towards a New Class Action Certification Costs Framework?
Introduction In a succession of decisions issued in November 2013, Justice Belobaba articulated a new framework for determining the appropriate level of costs to be awarded on class action certification motions.1 Citing the fundamental objective of access to justice, Belobaba J. expressed a…Continue reading the post titled Towards a New Class Action Certification Costs Framework?
A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco Problem
On February 3, 2014, the Ontario Court of Appeal released its decision Green v Canadian Imperial Bank of Commerce. This decision set aside the Court’s previous interpretation of the leave process under Part XXIII.1 of the Ontario Securities Act with respect to the limitation period. In doing…Continue reading the post titled A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco Problem
The Supreme Court of Canada Provides Guidance on Preferable Procedure and Access to Justice
On December 12, 2013, the Supreme Court of Canada released its decision in AIC Limited v Fischer, 2013 SCC 69, which provides very useful guidance on the preferable procedure requirement for certification, particularly on the meaning of access to justice in the preferability analysis. On Dec…Continue reading the post titled The Supreme Court of Canada Provides Guidance on Preferable Procedure and Access to Justice
Buyer’s Remorse: Cancelling A Consumer Agreement
Buyer’s remorse: that feeling you get the moment you realize you’ve made a purchasing decision that seemed like a good idea at the time, but later seems like a huge mistake. Buyer’s remorse can happen for a number of reasons, and is especially common where you feel pressure to make a decisio…Continue reading the post titled Buyer’s Remorse: Cancelling A Consumer Agreement
All That e-Glitters: Bitcoins and Securities Regulation
What are Bitcoins and what laws apply to them? In a new post, Siskinds class action lawyer Daniel Bach explains what Bitcoins are and looks at a recent US court decision considering whether or not they should be governed by securities laws. The age-old question: “if a new security purports t…Continue reading the post titled All That e-Glitters: Bitcoins and Securities Regulation
Cy Pres Settlements (Or, How Charities Can Benefit From Class Actions)
In fall 2010, Siskinds was retained to bring a proposed class action against Toronto Hydro-Electric System Limited (Toronto Hydro) on allegations that the utility company illegally charged interest at a rate of 19.56% per year. By way of background: The Interest Act requires that where inter…Continue reading the post titled Cy Pres Settlements (Or, How Charities Can Benefit From Class Actions)
What does it mean to “opt-out” of a class action?
What does it meant to “opt-out” of a class action? In her latest article, Siskinds Associate Linda Visser looks at what it means to opt-out of a class action. She considers the benefits of participating in class actions and provides an example of a situation where it may be worthwhile to not…Continue reading the post titled What does it mean to “opt-out” of a class action?
Has the Time Come to Amend Section 2(3)
Is it time to abandon the ninety-day rule? Has the Time Come to Amend Section 2(3) (the “Ninety-Day Rule”) of the Class Proceedings Act, 1992? Section 2(3) of the Class Proceedings Act, 1992 (CPA) requires that a certification motion be made “within ninety days.”1 The timing of the certifica…Continue reading the post titled Has the Time Come to Amend Section 2(3)
Legal Proceedings against Persons and Businesses outside of Ontario
In Van Breda, a recent decision of the Supreme Court of Canada, the Court articulated a test which, if satisfied, allows Canadian courts to adjudicate disputes against persons who are not physically present in their territory. It is often particularly important to persons who have potenti…Continue reading the post titled Legal Proceedings against Persons and Businesses outside of Ontario
Why You Should Pay Attention to Class Action Notices
This paper answers the question – why should you pay attention to a class action notice. To answer this question, it is necessary to provide some background regarding the content and purpose of class action notices. Introduction This paper answers the question – why should you pa…Continue reading the post titled Why You Should Pay Attention to Class Action Notices
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