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Published on: 8 Oct 2021 By

First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank

In Dufault v Toronto Dominion Bank, 2021 ONSC 6223, the Ontario Superior Court considered the sequencing of pre-certification motions under s. 4.1 of the amended Class Proceedings Act for the first time. The amendment provides as follows: Early resolution of issues 4.1 If, before the hearing…

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Published on: 7 Oct 2021 By

Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”

A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, uph…

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Published on: 16 Sep 2021 By

Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claims

In Badesha v Cronos Group, Justice Morgan denied the plaintiff’s motions for leave to proceed with statutory misrepresentation claims under Part XXIII.1 of the Ontario Securities Act (“OSA”) and for certification pursuant to the Class Proceedings Act, 1992. The case raises interesting questi…

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Published on: 3 Aug 2021 By

Gramoxone® (Paraquat) associated with Parkinson’s Disease

Gramoxone® is a non-selective herbicide used to control broadleaf weeds and grasses with an active ingredient called paraquat.  It is alleged that paraquat exposure is linked to Parkinson’s disease. Siskinds Desmeules, Siskinds LLP’s Quebec-based affiliate, has filed a class action law…

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Published on: 15 Jun 2021 By

The SCC’s Greenhouse Gas Pollution Pricing Act Decision: A win for climate change protection, but what’s next?

On March 25, 2021 the Supreme Court of Canada (SCC) released its decision References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11.1 While the question before the Court was the scope of the federal government’s jurisdiction, the practical effect of the decision was describing ho…

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Published on: 2 Jun 2021 By

Securities regulators target Poloniex, an unregistered cryptocurrency exchange

Canadian regulators have escalated their confrontation with unregistered Crypto-Platforms.1 On May 25, 2021, the OSC issued a Notice of Hearing and Statement of Allegations2 accusing Polo Digital Assets, Ltd., a Crypto-Platform operating under the name Poloniex, of registration and disclosur…

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Published on: 13 Apr 2021 By

Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investors

In Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“SN 21-329”), the Canadian Securities Administrators (CSA) issued an ultimatum to crypto asset platforms operating within Canada or with Canadian users: Register, or else. Published o…

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Published on: 9 Apr 2021 By

Cy-prés distributions – Honouring “as close as possible”

In a previous blog post we had discussed the origin of cy-près distributions and their benefits. In sum, cy-près distributions help to enforce one of the public policy rationales behind class actions: behaviour modification by holding wrongdoers accountable for their actions. Where it is no …

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