News & Publications

Class Actions

Class Actions Team Ranked Top-Tier Nationwide

Written by on October 06, 2017.

Congratulations to Siskinds’ team of class action lawyers for their recognition as a top-tier plaintiff class action team nationwide by Chambers and Partners. Congratulations also to lawyers Charles Wright, Michael Robb and Linda Visser who were individually recognized. We are proud of the on-going growth and leadership shown by this team and are looking forward to continued success in the years to come. Since 1990, Chambers and Partners, based in London, UK, has grown to become a well-rega...

Court of Appeal Finds in Favour of Plaintiff in Securities Class Action

Written by on October 03, 2017.

A recent decision by the Ontario Court of Appeal has provided clarity on how courts should approach secondary market misrepresentation cases at the preliminary leave stage. In Rahimi v SouthGobi,[1] the Plaintiff Paiman Rahimi (represented by Siskinds) appealed a lower court decision that had granted him leave to commence an action for misrepresentations under the Ontario Securities Act against the Defendant SouthGobi but denied him leave against certain of the company’s officers and direct...

Court Grants Leave to Appeal on Umbrella Purchaser Issue

Written by on September 06, 2017.

Fanshawe College of Applied Arts and Technology v Hitachi, Ltd., 2017 ONSC 2791 In Fanshawe v Hitachi, the plaintiff alleges that the defendants engaged in a conspiracy to fix the prices for CRT (an older technology used in televisions and computer monitors).  The plaintiff alleges breach of the Competition Act, RSC 1985, c C-34 (the “Competition Act”), and the tort of unlawful means conspiracy based on the alleged breach of the Competition Act. In August 2016, the Ontario court certi...

And Who is my Neighbour? Superior Court Rejects Proposed Class Action by Survivors of the Rana Plaza Disaster

Written by on August 21, 2017.

Introduction In April 2013, Rana Plaza – an unsanctioned commercial building on the outskirts of Dhaka, Bangladesh home to several clothing manufacturers – collapsed. The failure was driven in part by the industrial equipment required to manufacture garments in the building, which had a poorly built structure and was unsuited to heavy industry. The accident was the deadliest of its kind in modern history: over 1100 people were killed, and thousands more were seriously injured. The fact...

Québec – New Code of Civil Procedure – Tolling Agreements

Written by on July 18, 2017.

We continue to explore the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is tolling agreements. Based on the Civil Code of Quebec, tolling agreements aimed at suspending limitation by agreement are not possible in Quebec: 2883. Prescription may not be renounced in advance, but prescription which has been acquired or any benefit of time elapsed by which prescription has begun may be renounced. 2884. No prescriptive period other than that provided by law ...

Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.

Written by on July 17, 2017.

"Get those coming up from under! Los de Abajo! Get the underdogs!" [i] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[ii] I can only assume the plaintiff farmer, Adolfo Garcia, and his remaining co-plaintiffs, must be feeling some satisfaction; perhaps, similar to that of the farmer-turned-revolutionary, Demetrio Macías, in the early ...

Québec – New Code of Civil Procedure – Costs

Written by on July 17, 2017.

Here is the second installment of brief summaries relating to the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is costs. The cost regime in Quebec has always been favorable to the plaintiffs. The main difference with Common law jurisdictions is that in Quebec, legal fees are not included in the costs. There is jurisprudence that allows for a party to request the reimbursement of legal fees incurred but the proof of bad faith is required and it is very rarely...

Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients

Written by on July 14, 2017.

Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein [1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement.  Siskinds LLP is counsel to the class members. The decision clarifies the circumstances under which an auditor may owe a duty of care to persons other than its clients. Background This was a motion for summary judgme...

Québec – New Code of Civil Procedure – Experts

Written by on July 12, 2017.

On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for lawyers and judges. In order to better understand the key sections of the NCCP and the potential impacts on cases, we will periodically provide some insights. Today’s feature is experts. Quebec Code of Civ...

The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts

Written by on June 26, 2017.

Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies and products to other members of Facebook and externally without her consent.  She alleged that Facebook’s activities violated British Columbia’s Privacy Act, RSBC 1996, c 373 (“Privacy Act”), wh...