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Misrepresentation › Supreme Court of Canada

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Ontario Court of Appeal Provides Further Guidance on the Leave Test for Securities Misrepresentation Claims

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The test for leave to bring a secondary market securities misrepresentation claim under section 138.3 of the Ontario Securities Act (OSA) has been the source of much confusion and conflicting jurisprudence. In a series of...more

Bennett Jones LLP

SLAPPed Around—Defamation, Anti-SLAPP Legislation and the Defence of Qualified Privilege

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On September 10, 2020, the Supreme Court of Canada rendered judgment in Bent v Platnick, 2020 SCC 23, the first case interpreting the provisions under s. 137.1 of the Courts of Justice Act (CJA)—Ontario's "anti-SLAPP"...more

Bennett Jones LLP

Looking Forward: Canadian Class Actions in 2016

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Looking Forward - The last few years have been active for class actions in Canada, and the activity did not slow down in 2015. This past year, Bennett Jones was involved with some of the most important class...more

Mintz - Securities Litigation Viewpoints

CIBC v. Green: The Supreme Court of Canada Clarifies Key Provisions of the Ontario Securities Act and the Ontario Class...

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A recent decision by the Supreme Court of Canada offers both clarity and further questions on the timing of secondary market misrepresentation claims brought under the Ontario Securities Act (the “Securities Act”). While we...more

Blake, Cassels & Graydon LLP

Recent Decision Clarifies Availability of Defences at the Leave Stage in Statutory Securities Class Actions

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The Ontario Superior Court of Justice’s (Court) recent decision in Rahimi v. SouthGobi Resources (Rahimi) confirms that courts will consider and evaluate defences at the leave stage of a statutory secondary market disclosure...more

Bennett Jones LLP

Significant Headwinds for Securities Class Actions

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In April 2015, the Supreme Court of Canada released its decision in Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, in which it emphasized the need for a robust screening mechanism to prevent unmeritorious secondary...more

Bennett Jones LLP

Theratechnologies Inc. v. 121851 Canada Inc.: The Supreme Court Gives the Leave Test Teeth

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For the first time, the Supreme Court of Canada has weighed in on the threshold for granting leave for plaintiffs to commence statutory causes of action for secondary market misrepresentation cases. In contrast to recent...more

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