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Published on: 20 Sep 2019 By

Godfrey v Sony: Supreme Court protects victims of price-fixing conspiracies

On September 20, 2019, the Supreme Court of Canada issued a decision in Godfrey v Sony Corp., a class action related to alleged price-fixing in the market for optical disc drives (“ODDs”). The decision provides clarity on four significant issues in price-fixing litigation. The Co…

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Published on: 7 Aug 2019 By

Speeding up Certification by Extending Filing Deadlines?

On July 17, 2019, the Law Commission of Ontario (“LCO”) released its final report, Class Actions: Objectives, Experience and Reforms. The LCO report makes 47 recommendations to reform Ontario’s Class Proceeding Act (“CPA”) and related policies. One major theme of the report is that the speed…

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Published on: 28 May 2019 By ,

Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct Defence

On April 17, 2019 the Court of Appeal of Ontario released its decision in Hughes v. Liquor Control Board of Ontario, 2019 ONCA 305 [Hughes]. The Court of Appeal’s decision provides guidance to counsel on the scope of the Regulated Conduct Defence (the “RCD”). The RCD is a defence in the Comp…

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Published on: 22 Apr 2019 By ,

Mandatory Arbitration Provisions in the Class Action Context

Mandatory Arbitration Provisions in the Class Action Context: TELUS Communications Inc. v. Wellman, 2019 SCC 19 On April 4, 2019, the Supreme Court of Canada issued reasons in TELUS Communications Inc. v. Wellman. The Supreme Court’s 5-4 decision provides important guidance on the applicabil…

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Published on: 11 Mar 2019 By

Ontario Securities Commission Provides Millions in Compensation to Whistleblowers

On February 27, the OSC announced awards of $7.5 million to three whistleblowers in connection with three separate matters. The awards are the first of their kind by a Canadian securities regulator. In a news release, the OSC said the awards were the result of the whistleblowers’ “timely, sp…

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Published on: 20 Dec 2018 By

ONCA holds that umbrella purchasers have a cause of action in a price-fixing class action

Shah v LG Chem Ltd., 2018 ONCA 819 Background: In this class action, the plaintiffs allege that the defendants conspired to fix the prices of lithium-ion batteries (“LIBs”) in North America and elsewhere between January 2000 and December 2011. As a result, the plaintiffs paid higher prices f…

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Published on: 18 Dec 2018 By

2018 Year In Review For American and Canadian Whistleblower Programs

Fiscal Year 2018 was a nice year for tippers to the U.S. Securities and Exchange Commission (“SEC”) whistleblower program (“SEC program”), thanks to some misbehaving companies. The SEC made record-breaking payouts of about $168 million to 13 whistleblowers in 2018. The SEC program was initia…

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