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 […]
Securities Litigation
Test for Leave to bring Secondary Market Securities Class Action is not a “Low Bar”
The recent decision in Bradley v. Eastern Platinum Ltd.[1] saw the Superior Court of Justice reaffirm the position that the […]
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” […]
Supreme Court of Canada considers Limitation Period for Secondary Market Securities Class Actions
Overview On December 4, 2015, the Supreme Court of Canada released its highly anticipated decision1 in a trilogy of shareholder […]
Theratechnologies1 leave threshold proves too robust for plaintiff shareholder in Securities Class Action
In Mask v. Silvercorp Metals Inc.2 released on October 22, 2015, the Ontario Superior Court of Justice considered a motion […]
Procedural Fairness Owed to Defendants May Redefine how Plaintiffs Proceed under the OSA
Introduction The Court of Appeal in Drywall Acoustic Lathing and Insulation, Local 675 Pension Fund (Trustees of) v. SNC-Lavalin Group […]
Ontario Proposes Whistleblower Regime
On October 28, 2015, the Ontario Securities Commission (OSC) published proposed OSC Policy 15-601 – Whistleblower Program (Policy). The proposed […]
Theratechnologies inc. v. 12185 Canada inc: Supreme Court of Canada raises the bar for obtaining leave to bring secondary market securities class actions
In Theratechnologies inc. v. 12185 Canada inc.[1], the Supreme Court of Canada has ruled that requirements that plaintiffs demonstrate that […]
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 […]