Daniel Bach is a partner of Siskinds LLP, based in its Toronto office. Admitted in Ontario and New York, he prosecutes complex securities, medical device and consumer-related class actions on behalf of individuals, asset managers and pension funds.
Daniel has been counsel in several precedent-setting securities class actions, including Arctic Glacier and IMAX, the first two cases to be granted leave under Part XXIII.1 of the Securities Act; both cases also certified common-law misrepresentation claims. Daniel is counsel in two of the largest securities class actions in Canada, Manulife and Sino-Forest. Manulife is the largest securities class action in Canada to be granted leave on a contested basis and settled for $69 million on the eve of trial. In Sino-Forest the class recovered millions of dollars, including securing a $117 million settlement with Ernst & Young, the fifth-largest securities class action settlement with an auditor world-wide. Daniel is also lead counsel to the class in Miller Bernstein, an auditor liability class action where the auditor was found to owe a duty of care to the class and the class won summary judgment. He is part of the team prosecuting the ForEx conspiracy class action, which has recovered more than $100 million for class members.
Daniel’s work as part of the medical device/pharmaceutical team includes representing women with transvaginal mesh implants, where he is lead counsel to the classes. Daniel successfully argued certification and has recovered millions of dollars for women implanted with these products.
Daniel leads the firm’s consumer protection practice. He was counsel in Helm v Toronto-Hydro Electric System Limited, which was settled following the summary judgment argument, and in Wright and Zislin v United Parcel Service Canada Ltd., a Consumer Protection Act, 2002 class action concerning “brokerage fees” charged by UPS in which the class was certified and summary judgment was granted to the class.
Daniel has represented classes in Ontario, Alberta and Québec Courts in securities matters, consumer class actions and litigation relating to the subprime mortgage crisis. He has been involved in securities actions in the finance, resource, entertainment, technology, construction, transport, consumer goods, pharmaceutical and medical device sectors and appeared at all levels of Ontario’s Courts, as well as the Supreme Court of Canada.
Daniel is a member of the Securities Proceedings Advisory Committee of the Ontario Securities Commission. He has taught on directors and officers issues, with a focus on securities law and litigation, at the Schulich School of Business at York University. He has discussed class actions, securities law and consumer rights in Lexpert, the Globe & Mail, The National Post, The Law Times, the Canadian Press and on Canada AM. His academic writing, focusing on securities litigation, has appeared in the Canadian Business Law Journal and the Canadian Class Action Review.
Daniel received his B.A. (Hon.) in Political Science and History from the University of Toronto and his J.D. from the University of Toronto, Faculty of Law. Prior to joining Siskinds, Daniel practiced in New York. His American experience includes litigation under the Securities Acts of 1933 and 1934, SEC Rule 10b-5, the Employment Retirement Income Security Act of 1974 (“ERISA”), as well as Foreign Corrupt Practices Act investigations. In 2008, Daniel returned to Canada to open the firm’s Toronto office.