In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more
In 2023, the Ontario Superior Court of Justice (Commercial List) released its highly anticipated decision in Workman Optometry Professional Corporation v Certas Home and Auto Insurance Company (Workman). The Court’s decision,...more
In June 2022, the Final Report of the Commission of Inquiry into Money Laundering in British Columbia was published. As previously reported by us in The Cullen Commission Releases Its Final Report on Money Laundering in...more
8/18/2022
/ Anti-Money Laundering ,
Banking Sector ,
Banks ,
Canada ,
Cryptoassets ,
Digital Assets ,
Financial Crimes ,
Financial Institutions ,
Financial Services Industry ,
Financial Transactions ,
Money Laundering ,
Virtual Currency
A Question of Mixed Fact and Law -
In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more
The Significance and Implications For Persons Engaging With Cryptocurrencies and Digital Assets -
A series of protests and blockades in Canada against COVID-19 mandates and restrictions, called the "Freedom Convoy" by...more
Since 2014, the Toronto Stock Exchange (TSX) has required listed issuers without a majority shareholder to implement a majority voting policy requiring each of its directors to be elected by a majority of the votes cast (50...more
On April 30, 2020, the Nova Scotia Court of Appeal released its decision in the Organigram class action (Organigram Holdings Inc. v Downton, 2020 NSCA 38) limiting the scope of the claims previously certified by the Supreme...more
Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more
2/15/2018
/ Arbitration ,
Canada ,
Chamber of Commerce ,
Class Action ,
Corporate Counsel ,
Independent Contractors ,
International Chamber of Commerce (ICC) ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Mediation ,
Misclassification ,
Service Contracts ,
Uber ,
Wage and Hour
A recent decision by the Ontario Court of Appeal has provided a powerful reminder to capital market participants to exercise caution before trading on a tip or discussing material non-public information—lest they run afoul of...more
As mainstream interest in blockchain technology, cryptocurrencies and initial coin offerings increases, so too does the size of the market and the associated litigation risks. At its peak in early January of this year, the...more
In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more
Justice Perell’s November 28, 2017, decision in Bennett v Hydro One Inc., 2017 ONSC 7065 [Bennett] to deny certification of a putative class action alleging that Hydro One was systemically negligent in billing customers...more
North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...more
On May 31, 2017, Bill 142—An Act to amend the Construction Lien Act (the “Act”) — was carried through a first reading by the Ontario Legislative Assembly. If passed, the proposed amendments to the Construction Lien Act would...more
Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more
In a decision released on July 30, 2015, the Ontario Superior Court of Justice has clarified that plaintiffs seeking to advance claims under section 131(1) of the Securities Act (Ontario) alleging misrepresentation in a...more
In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision...more
In Hamilton-Wentworth District School Board v Fair, the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal. In the Tribunal’s first decision, it found that the Hamilton-Wentworth...more
It is estimated that one in five Canadians will experience a mental health disability or addiction in their lifetime. In light of this staggering statistic, employers are often faced with the challenging task of identifying...more
In the most recent class action decision released by the Ontario Court of Appeal, Mandeville v The Manufacturers Life Insurance Company, 2014 ONCA 417, Justice Gillese, writing for a unanimous Court, upheld the trial decision...more
In Bayens v Kinross Gold Corp, released November 5, 2013, Justice Paul Perell of the Ontario Superior Court of Justice denied the plaintiffs in a putative class action leave to advance a statutory claim for securities market...more