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Published on: 7 Mar 2014 By ,

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…

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Published on: 5 Feb 2014 By

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…

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Published on: 29 Jan 2014 By

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…

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Published on: 23 Aug 2013 By

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…

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Published on: 30 Jul 2013 By

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…

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Published on: 19 Jun 2013 By

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…

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Published on: 13 Sep 2012 By

Legal Proceedings against Persons and Businesses outside of Ontario

In Van Breda,[1] 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…

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Published on: 12 Jun 2012 By

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…

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