News & Publications

Class Actions

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...

Daniel Bach Interviewed by BNN about TD & RBC Trading Service Outage

Written by and on January 08, 2018.

On January 5th, class actions lawyer Daniel Bach spoke with BNN regarding the TD and RBC trading service outage. He gave his opinion on whether or not it had valid issues for a class action lawsuit. Catch his full interview here, starting at 1:08.

Welcoming Three New Partners – January 2018

Written by on January 04, 2018.

Siskinds LLP is pleased to announce that as of January 1, 2018, Rasha El-Tawil and Michael Polvere were admitted as partners of Siskinds LLP, and Caroline Perrault as a partner of Siskinds Desmeules LLP, our Quebec affiliate. These lawyers have excelled in their respective areas of personal injury law, commercial litigation, and class actions, and will be a strong addition to our partnership team. An excellent way to start 2018!

Class Proceedings Can Fill the Gap in Canadian Regulatory Action

Written by on December 27, 2017.

Canadian Investors’ Perceived Vulnerability to Fraudsters A recent Globe and Mail article highlights the difficulty Canadian investors have in recovering proceeds of crime from fraudsters.  Examining 30 years’ worth of regulatory enforcement proceedings, the Globe comes to the conclusion that Canada’s “toothless” regulatory system permits criminals to get “barely punished” and commit their financial crimes again.  Focusing on repeat financial recidivism, the article quotes the f...

Auditors Must Properly Audit Their Client Companies and Would be Legally Liable if they Fail to do so, Supreme Court of Canada Holds

Written by on December 20, 2017.

Case commentary: Deloitte & Touche v Livent Inc (Receiver of), 2017 SCC 63 In a long-awaited judgment rendered today, a unanimous Supreme Court of Canada held that Deloitte & Touche (now, Deloitte LLP) owed, and breached, a duty of care by failing to perform a proper statutory audit of its client, the defunct Livent Inc. Additionally, a majority of the Court found Deloitte liable to Livent for the increase in Livent’s liquidation deficit which followed Deloitte’s impugned audit—...

R v. Comeau – Siskinds Lawyers Represent Canadian Consumers in the Supreme Court of Canada in “Free the Beer” Case

Written by on December 11, 2017.

On December 6 and 7, I appeared alongside my Siskinds colleagues Paul Bates and Ron Podolny in the Supreme Court of Canada for the hearing of R v. Comeau. Siskinds represented the Interveners Consumers Council of Canada (“CCC”), Canada’s leading general interest consumer advocacy organization. The Supreme Court’s decision may have far-reaching implications for the myriad barriers to interprovincial trade in Canada. Gerard Comeau’s case began when he was ticketed under New Brunwic...