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Published on: 11 Oct 2022 By

Federal Court grants injunctive relief against interfering law firm – Moushoom v Canada (Attorney General)

In August 2022, the Federal Court released its decision in Moushoom v Canada (Attorney General), 2022 FC 1212 (“Moushoom”), granting the Plaintiffs’ motion for an interlocutory order that no legal professionals other than class counsel, the Plaintiff Assembly of First Nations, or the Court-appointed administrator publish communications to class members regarding the class proceedings. Moushoom...

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Published on: 9 Jan 2023 By

Current processing times of grant of citizenship and proof of citizenship applications in Canada

Grant of Canadian citizenship Obtaining Canadian citizenship requires you to complete several steps and it is not a quick process. A foreign national must first become a permanent resident of Canada and meet eligibility requirements before applying for Canadian citizenship. People over the age of 18 (and some minors) must have been physically present in...

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Published on: 1 Sep 2022 By

Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.

In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pierringer agreements allow one or more settling defendants to withdraw from the plaintiff’s action while the...

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Published on: 6 Jun 2022 By

Intervenor beware! – Brewers Retail v. Campbell

In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement purposes and sought its costs. This was a class action in respect of a proposed class...

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Published on: 6 Dec 2021 By

Upheld: plaintiffs win common issues trial after 24 years of institutional abuse

In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common issues trial decision, Cavanaugh offers...

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Published on: 6 Jan 2021 By

The SEC crackdown on crypto-securities: SEC v. Ripple

It’s a busy new year for lawyers representing Ripple Labs Inc. (“Ripple”), as they prepare to face off with American regulators in the “Cryptocurrency Trial of the Century”. On December 22, 2020, the U.S. Securities and Exchange Commission launched an action against Ripple Labs Inc. and two of its executives alleging the violation of federal...

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Published on: 1 Dec 2021 By

As a Canadian permanent resident, can I travel outside Canada without the Permanent Residence Card during COVID-19?

Since March 2020, Immigration, Refugees and Citizenship Canada (‘IRCC’) have being abstaining from the traditional in-person permanent residence landing appointments to validate Confirmation of Permanent Residence (‘CoPR’). Instead, the IRCC have been completing virtual landing and issuing electronic CoPRs. To facilitate the virtual landing, the IRCC use the Online Permanent Residence Confirmation Portal. The Portal...

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Published on: 19 Oct 2021 By

Two corporate modernization developments taking effect today in Ontario

On October 19, 2021, Ontario is taking two significant steps toward the modernization of Ontario corporate law and services, one statutory and one procedural. These developments are of particular importance to not-for-profit corporations who have patiently awaited the arrival of a new statutory regime and simpler processes to complete their corporate filings. Ontario’s Not-for-Profit Corporations...

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Published on: 7 Oct 2021 By

Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”

A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morgan’s refusal to stay an Ontario class action despite the authorization of a nearly identical...

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