News & Publications

Class Actions

Class Actions Team Ranked in Band 1 in Chambers Canada 2019

Written by on September 24, 2018.

The class actions team at Siskinds LLP has been ranked in the top band of the Chambers Canada 2019 guide, issued by international legal research organization, Chambers and Partners. Also of notable achievement was the inclusion of four partners who were recognized for their individual stature in the field of class actions. Commentary from the guide includes the following accolades for these partners: Charles Wright is considered one of the "most effective business people" in the Canadian p...

DIY investors fight back against trailer fees

Written by on September 17, 2018.

Trailing commissions (also known as trailer fees) are intended to compensate mutual fund dealers, such as discount brokers, for investment advice they provide to investors. However, discount brokers are prohibited from providing investment advice under the law. Siskinds LLP is pursuing claims on behalf of retail investors who have paid trailing commissions on mutual funds held in discount brokerage accounts. In this 3 minute CBC report, watch Steve Pozgaj’s story about paying almost $5,000 ...

Recent Developments in Securities Class Actions: Pre-Certification Jurisdictional Challenges

Written by on September 14, 2018.

Today, capital markets are essentially borderless. Stock exchanges with physical trading floors have become an anachronism. Electronic transactions are the norm. With the click of a button, Canadian investors can buy and sell securities of foreign companies on foreign stock exchanges. But what happens when a Canadian investor loses money on their investment because the foreign company did not give them proper disclosure of facts that impact the value of the company’s securities? Are they en...

Goodbye, Backlogs; Hello, Agency Class Actions

Written by on September 11, 2018.

Government agencies across Canada are struggling to process a growing backlog of claims.   Few agencies are immune.  In April 2018, an independent review concluded that Canada’s refugee determination system is dealing with a surge in claims that it is ill-equipped to manage.  In December 2017, the media reported on the skyrocketing volume of veterans disability claims waiting in queue. The usual fixes are proposed:  More time, more money, more staffing.  But a promising alternative ma...

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...