Michael D. Schafler

Michael D. Schafler

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Test for Leave to bring Secondary Market Securities Class Action is not a “Low Bar”

The recent decision in Bradley v. Eastern Platinum Ltd. saw the Superior Court of Justice reaffirm the position that the test for statutory leave to bring a secondary market securities class action “is not a low bar.” Justice...more

5/19/2016 - Canada Class Action Financial Markets Motion for Leave Ontario Ontario Securities Act Secondary Markets Securities Litigation

Supreme Court of Canada considers Limitation Period for Secondary Market Securities Class Actions

On December 4, 2015, the Supreme Court of Canada released its highly anticipated decision in a trilogy of shareholder class actions under the secondary market liability provisions of the Ontario Securities Act (the “OSA”). At...more

12/9/2015 - Canada Class Action Limitation Periods Ontario Securities Act Secondary Markets Shareholder Litigation Supreme Court of Canada

Procedural Fairness Owed to Defendants May Redefine how Plaintiffs Proceed under the OSA

The Court of Appeal in Drywall Acoustic Lathing and Insulation, Local 675 Pension Fund (Trustees of) v. SNC-Lavalin Group Inc. recently determined whether, once leave to assert a claim under part XXIII.1 of the Ontario...more

12/4/2015 - Canada Class Action Misrepresentation Ontario Securities Act Rules of Civil Procedure

Ontario Proposes Whistleblower Regime

On October 28, 2015, the Ontario Securities Commission (OSC) published proposed OSC Policy 15-601 - Whistleblower Program (Policy). The proposed Policy provides for the adoption of a whistleblower program by the OSC with the...more

11/4/2015 - Canada Comment Period Consultation Periods Ontario Securities Commission (OSC) Proposed Regulation Whistleblower Awards Whistleblower Protection Policies

Yaiguaje v Chevron Corporation: Supreme Court releases leading decision on the enforcement of foreign judgments in Canada

Summary - - Supreme Court of Canada favours a relaxed approach to the recognition and enforcement of foreign judgments in Canada. - For a Canadian court to recognize and enforce a foreign judgment, a judgment...more

9/15/2015 - Chevron Environmental Liability Foreign Judgments Judgment Debtors Jurisdiction Subsidiaries Supreme Court of Canada

Theratechnologies Inc. V. 12185 Canada Inc: Supreme Court Of Canada Raises The Bar For Obtaining Leave To Bring Secondary Market...

In Theratechnologies inc. v. 12185 Canada inc., the Supreme Court of Canada has ruled that requirements that plaintiffs demonstrate that their claims have been brought in good faith and have a reasonable chance of succeeding...more

7/1/2015 - Canada Class Action Pharmaceutical Industry Secondary Markets Securities Supreme Court of Canada

UPDATE: Zungui Class Action Settlements Against Remaining Defendants Approved By Court

On August 27, 2013, Justice Perell released his decision (2013 ONSC 5490) approving three settlements valued at $10.85 million, bringing the class action against Zungui Haixi Corp. (“Zungui”) and others to a close. Under the...more

9/24/2013 - Canada Class Action Investors Settlement Shareholder Litigation

The Arbitration Review of the Americas 2013: Arbitral Jurisdiction in Canada: Recent Decisions

Overview - Any consideration of arbitral jurisdiction in Canada must proceed within the governing legislative framework. Legislation in each Canadian province and territory, as well as federal legislation, directs how...more

11/20/2012

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