CAROM V BRE-X MINERALS LTD: A Shocking Case Deserves A Shocking Conclusion
In her forthcoming article, The “Illusion of Compensation”: Cy près Distributions in Canadian Class Actions, class actions scholar, Professor Jasminka Kalajdzic, brings to comprehensive light the rather desultory state of cy près settlement jurisprudence in Canada.1 Professor Kalajdzic notes…
View the post titled CAROM V BRE-X MINERALS LTD: A Shocking Case Deserves A Shocking ConclusionKeep Your Receipt: Evidence in the Class Actions Claims Process
Class actions are commenced on behalf of individuals (called “class members”) who all have the same, or similar, claims for damages. If you think that you may be affected by a class action, it is important to preserve certain evidence that could be helpful in making a claim in the class acti…
View the post titled Keep Your Receipt: Evidence in the Class Actions Claims ProcessNational class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc
On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the r…
View the post titled National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store IncTowards 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…
View 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…
View the post titled A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco ProblemThe 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…
View the post titled The Supreme Court of Canada Provides Guidance on Preferable Procedure and Access to JusticeBuyer’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…
View the post titled Buyer’s Remorse: Cancelling A Consumer AgreementAll 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…
View the post titled All That e-Glitters: Bitcoins and Securities RegulationCy 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…
View 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…
View the post titled What does it mean to “opt-out” of a class action?Receive Blog Posts
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