Matthew Fleming
Ticket reseller class actions
Long-term care facilities class action trends
Class action trends – May 2020
Urgent motions in the COVID-19 framework
Court availability and limitation period suspension during COVID-19
In response to the developing COVID–19 pandemic, Canadian courts have modified their operations, temporarily closed or introduced limited in-person hearings […]
Canadian public companies: Impacts of COVID-19 on earnings guidance
Canadian public companies are contending with many issues stemming from the COVID-19 pandemic. Companies must extend specific issue of earnings […]
Court reconsiders the role of “public corrections” in securities class actions
Court of Appeal Clarifies Scope of Shareholder Misrepresentation Claims in Takeover Bids
Court of Appeal Confirms Judges May Weigh Evidence on Leave Motions in Secondary Market Securities Class Actions
Summary In Mask v. Silvercorp Metals Inc.[1], the Court of Appeal for Ontario upheld a decision[2] refusing leave to commence […]
Court of Appeal Lifts Stay in Cross Border Class Action
In Kaynes v. BP [1] (referred to herein as “Kaynes”) the Court of Appeal for Ontario (“ONCA”) recently lifted a […]
Court Clarifies the Scope of Underwriter Liability in Securities Class Actions
In LBP Holdings Ltd. v. Allied Nevada Gold Corp.,[1] the Ontario Superior Court of Justice considered a motion to add […]
Court Dismisses Secondary Market Securities Class Action Based on Extensive Evidence
In Coffin v. Atlantic Power Corp.[1], the Ontario Superior Court of Justice considered two motions: (1) for leave under section […]
Swisscanto v. Blackberry: What constitutes a “public correction” for the purpose of secondary market misrepresentation class actions?
In Swisscanto v. Blackberry1(“Swisscanto”), the Ontario Superior Court of Justice considered, for the first time, what constitutes a “public correction” […]
Ontario Proposes Whistleblower Regime
On October 28, 2015, the Ontario Securities Commission (OSC) published proposed OSC Policy 15-601 – Whistleblower Program (Policy). The proposed […]
Court Limits Plaintiff’s Ability to Access Corporate Documents in Securities Class Action
Overview In Mask v. Silvercorp Metals Inc. [1] released on July 18, 2014, the Ontario Superior Court of Justice considered whether […]
Court of Appeal Clarifies Directors’ Fiduciary Duties and the Business Judgment Rule for Executive Compensation Matters
Overview The Court of Appeal for Ontario recently affirmed the nature of directors’ and officers’ fiduciary duties and clarified the […]
Green v. CIBC: Court of Appeal Revisits Limitation Period for Secondary Market Securities Class Actions and Limits Common Law Negligent Misrepresentation Class Actions
Overview The Court of Appeal for Ontario’s recent decision in Green v. Canadian Imperial Bank of Commerce [1] (“Green”) is […]