News & Publications

Class Actions

Holding listed issuers to their word – for now anyway… Developments from the UK Court of Appeal on parent company liability for impacts abroad

Written by on July 13, 2018.

Last year I wrote about a feature of the decision of the English and Wales High Court of Justice in HRH Okpabi v Royal Dutch Shell Plc[i], a case where residents of the Niger Delta brought a claim in negligence against Royal Dutch Shell (RDS), an issuer incorporated in England and listed on the LSE, and its Nigerian operating subsidiary, Shell Petroleum Development Company of Nigeria Ltd. (SPDC). The Nigerian plaintiffs sought damages for losses allegedly caused by oil spills from the defenda...

A good day for do-it-yourself investors: The CSA proposes to prohibit the payment of trailing commissions to discount brokers

Written by and on June 27, 2018.

On June 21, 2018, the Canadian Securities Administrators (“CSA”) released a Status Report on their ongoing investigation into embedded commissions in the mutual fund industry. “Embedded commissions” is the term used to describe the practice of mutual fund managers compensating dealers (and their representatives) for mutual fund sales by way of commissions, as opposed to the investor paying the dealer directly. Embedded commissions include sales charges and trailing commissions. Traili...

CTV News Interviews Bridget Moran about ReproMed Fertility Class Action

Written by on June 19, 2018.

CTV News interviews Siskinds LLP’s Bridget Moran for the ReproMed Fertility class action. Watch the full interview here. For more information or to join the class action, visit our web page: http://siskinds.com/repromed

Update: SCC Grants Leave to Appeal on Umbrella Purchaser Issue

Written by on June 18, 2018.

A recent hot topic in price-fixing class actions has been whether so-called “umbrella purchasers” have a cause of action. See our recent articles here and here. Umbrella purchasers are individuals who purchased the affected product from  non-conspirator manufacturers. In support of umbrella purchaser claims, plaintiffs argue that cartel members dominated  the relevant market to such an extent that they were able to drive up prices across the entire market. As a result, non-conspirator manu...

Facebook Privacy Breach Class Action

Written by on May 03, 2018.

Siskinds' class action lawyer Sajjad Nematollahi was interviewed for an article in The Toronto Star on May 2 regarding the class action that has been initiated regarding Facebook's alleged privacy breach. Read the full article here. To learn more about this class action, click here.

Competing Class Actions: The Unsettled Law of Carriage Motions

Written by on April 24, 2018.

Class counsel trying to predict the outcome of a carriage motion has little to learn from two recent decisions by the Ontario Superior Court of Justice. Carriage motions are unique to class actions.  They arise when multiple class actions are filed for what is essentially the same case and counsel are unwilling to work together.  In these circumstances, the court is asked to determine which counsel (or counsel group) will have “carriage” of the class action. Courts are supposed to gr...

Towards a More Cooperative Canadian Class Action Regime: CBA Adopts Revised Judicial Protocol on Multijurisdictional Class Actions

Written by on March 07, 2018.

Class actions will often address wrongs and harm that transcend the borders of a single Canadian province. A faulty medical device might be distributed across the country and wreak its harmful effects upon residents in many or all provinces. Similarly, when a public company misleads its investors about its business, those investors will almost certainly reside all over Canada. That has led to the phenomenon of multijurisdictional class actions, which refers to a situation where class actions ...

EU Data Privacy Changes Are Just Around the Corner

Written by on February 28, 2018.

The General Data Protection Regulation (GDPR) is a series of laws that were approved by the European Union Parliament that come into effect on May 25th, 2018.   The GDPR standardizes data protection across the EU member states and will bring harmonization across the EU regarding data privacy.  It provides individuals with greater control over the use of their personal data. Companies are processing and holding an increasing amount of personal information about their clients and customers. ...

The Role of Class Actions in Price-Fixing Enforcement

Written by on February 21, 2018.

Introduction I’ve spent my legal career acting for plaintiffs in price-fixing class actions, a somewhat obscure niche which, until recently, simultaneously confounded and fascinated most people I met. Last fall, the Canadian Competition Bureau raided the offices of several major grocery chains, investigating a fourteen-year price-fixing conspiracy affecting bread prices. This aroused the public’s interest in price-fixing, illegal cartels, and the related criminal and civil legal processes...

What Does it Take to be a Representative Plaintiff in a Class Proceeding?

Written by on February 05, 2018.

In most class actions, class counsel represent class members in Court.  One class member, the “representative plaintiff,” has important responsibilities with special duties to absent class members. Ontario’s class proceeding legislation requires that each class action have a representative plaintiff who: (i) would fairly and adequately represent the interests of the class; (ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on beh...