News & Publications

Class Actions

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...

Eritrean Refugees Can Sue for Slavery and Forced Labour, B.C. Court of Appeal Says

Written by on November 24, 2017.

It is rare to have the opportunity to contribute to the development of the common law using human rights principles. Araya v Nevsun Resources Ltd., a case that I, colleagues at Camp Fiorante Matthews Mogerman LLP (CFM) and Toronto lawyer James Yap prosecute, is the rare opportunity to do so in the context of allegedly barbarous acts that, if proven, would be contrary to norms standing at the apex of our system of internationally-protected fundamental human rights. So far, the case has survived a...

Linda Visser Quoted in Canadian Lawyer Magazine

Written by on November 23, 2017.

Representatives from Siskinds LLP, Sotos LLP & Koskie Minsky LLP have brought the issue of an uncoordinated process for multi-jurisdictional class action lawsuits to the attention of the Canadian Bar Association. Class action lawyer Linda Visser describes how the Canadian framework differs from that of the United States. Click here to read the full article.

Securities Fraudsters to the SEC: Can We Have Our Money Back?

Written by on November 13, 2017.

Canadian class action litigators have the reputation of being more cautious than their neighbors to the south.  It's a reputation surely bolstered by a recent example of colossal chutzpah where acknowledged fraudsters launched an American securities class action to recover their ill-gotten gains. The American Supreme Court seems to have stoked the fires when it published a tantalizing footnote in a recent securities law opinion, Kokesh v. SEC, 137 S. Ct. 1635 (2017).  Kokesh was a unanimous...

Securities Disclosure and the Direct Liability of Parent Companies at Common Law

Written by on November 13, 2017.

In this post, I am canvassing a topic that has been the subject of passing comment by others, but which remains an unconsidered and unresolved issue in Canadian transnational tort cases. The issue is this: in considering whether a parent company owes a duty of care to a third party affected by the operations of a subsidiary, is there a principled reason why continuous disclosure statements made by the parent company should not be weighed? Earlier this year, the London High Court in HRH Okpabi...

Report from Relativity Fest 2017

Written by on October 31, 2017.

Members of our e-Discovery group recently attended Relativity Fest in Chicago.   This annual four day conference is hosted by the legal software company Relativity and is attended by over 2000 people in the legal tech industry. Siskinds uses Relativity to manage large document collections exchanged during the litigation process.   While a software conference may not sound like a good time, we love it and look forward to it every year. The key takeaways from Relativity Fest centered on imp...