Jason Squire

Jason Squire

Lerners LLP

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Ontario Court of Appeal Overturns Timminco

The Court of Appeal for Ontario, 2014 ONCA 90, has determined that the commencement of a class action for statutory misrepresentation in the secondary market within the three year limitation period provided in Part XXIII.I of...more

2/5/2014 - Canada Ontario Securities Act

Back to Work? Let’s Start With A Look Back at 2013

As we returned to the office this week, we thought what better way to adjust to re-entry than by taking stock of what happened in the last year. The year 2013 was an important year for class actions with a number of important...more

1/10/2014 - Canada Class Action Class Certification SCC Settlement

Class Action Regarding Whirlpool Washing Machines Dismissed but Possibility for Future Claims for Economic Loss for “Shoddy”...

In Arora v. Whirlpool Canada LP, 2013 ONCA 657, the Ontario Court of Appeal upheld Justice Perell’s decision to deny certification for a proposed class action alleging pure economic loss. (Justice Perell’s decision is...more

12/18/2013 - Canada Class Action Class Certification Design Defects Duty of Care Economic Loss Doctrine Negligence Whirlpool

Sino-Forest Update: ONCA rules that institutional investors cannot appeal Ernst & Young settlement under the CPA

In an earlier post, “Not Missing the Sino-Forest for the Trees: ONCA upholds auditor’s $117 million settlement despite objections from institutional investors over opt-out rights”, we reported that the Ontario Court of Appeal...more

12/11/2013 - Canada Ernst & Young Investors Settlement

Derivative Actions

The powerful but infrequently-used remedy known as the "derivative action” permits a shareholder or other complainant to advance an action on behalf of the corporation when the corporation refuses to bring the action itself....more

12/4/2013 - Canada Derivative Suit Oppression Remedy

Oppression Remedy & Creditors

As we have discussed before, the oppression remedy is a potentially powerful tool, which can be used in a range of circumstances by a variety of corporate stakeholders, including shareholders, directors and officers, and...more

11/6/2013 - Breach of Contract Canada Creditors Oppression Remedy

Toronto's Commercial List

Unique to Toronto, the Commercial List of the Ontario Superior Court of Justice was established in 1991 for the hearing of certain matters involving issues of commercial law. The Commercial List is made up of a team of judges...more

7/3/2013 - Canada Commercial General Liability Policies Proposed Legislation Regulation

Toronto as a seat for Commercial Arbitration

As a more convenient and less expensive place to conduct an arbitration than many of the world’s more traditional arbitration centres, Toronto is quickly gaining recognition as one of the best places to arbitrate commercial...more

6/19/2013 - Canada Commercial Arbitration International Arbitration

Update: Letters Rogatory

As I recently posted, the Ontario court will give procedural assistance to foreign courts, allowing foreign litigants to examine witnesses and collect evidence in Ontario by enforcing "letters of request" from foreign courts....more

5/22/2013 - Canada Foreign Jurisdictions

Re: Sino-Forest Corporation – When is an Indemnity Claim Really Just an Equity Claim?

When public companies are accused of accounting irregularities, class action shareholder litigation often follows. The case of Sino-Forest Corporation (“SFC”) is such an example. Weighed down by allegations of accounting...more

5/16/2013 - Canada CCAA Class Action Derivative Suit Equity Claims Indemnification Shareholders

Nortel Executives are Acquitted of Fraud: A Comment on the Recent Decision in R. v. Dunn

On January 14, 2013, three former Nortel executives were acquitted on two counts of fraud. The Crown alleged that the accused, Nortel’s former directing minds, had manipulated Nortel’s financial statements during a time that...more

5/14/2013 - Acquittals Canada Fraud GAAP Nortel

Enforcing US Arbitral Awards in Ontario

Every common law province except Ontario has passed legislation implementing the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Ontario instead adopted the United Nations’ Model Law on...more

5/1/2013 - Arbitration Awards Canada Commercial Arbitration Enforcement Foreign Judgments

Enforcing US Judgments in Ontario

The Supreme Court of Canada confirmed in Beals v. Saldanha that the principles of comity must be applied when considering and enforcing judgments of other courts. Ontario courts will generally recognize and enforce American...more

4/17/2013 - Canada Enforcement Actions Foreign Judgments

Letters Rogatory

In my last blog post, I discussed mechanisms for obtaining evidence in the possession of a third party. What if you need to procure evidence located in Ontario for litigation proceeding in another jurisdiction? I turn now to...more

4/2/2013 - Canada Evidence Jurisdiction Letters Rogatory

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