We have previously written about the requirements that must be met by a party seeking a particular type of injunction known as a “Mareva injunction.” This is a court order that prohibits dissipation of a defendant’s assets. The issue recently arose in a proposed class action involving allegations of fraud and fraudulent misrepresentations in the […]
Category Archives: Class Action
Court Approves Settlement of Class Action Against The Toronto-Dominion Bank
We have previously written about court decisions that related to settlement of class actions, but the recent case of Dufault v. The Toronto-Dominion Bank provides additional guidance on when a court is likely to approve a proposed settlement. Class Action Relates to NSF Fees Allegedly Charged By TD Bank The class action in Dufault related […]
Court of Appeal Clarifies Meaning of “Material Change” in Securities Act
A recently released decision of the Court of Appeal has addressed the meaning of “material change” as it is used in the Ontario Securities Act. In Markowich v. Lundin Mining Corporation, the plaintiff sought to advance a claim against the defendant company in which he held shares, specifically the statutory cause of action set out […]
When Will Investment Advisors Owe Fiduciary Obligations To Their Clients?
In some contexts, the relationship between an investment advisor and their client may be fiduciary in nature. In that case, damage suffered by a client may lead to a claim against the advisor for breach of fiduciary duty. Where a group of clients suffers damage due to such a breach, it may give rise to […]
Court Grants Carriage of a Proposed Class Action Against Canopy Growth
Corporate commercial litigation has commenced against cannabis company Canopy Growth in relation to its Biosteel sports drink subsidiary. “Material misstatements” and financial problems in this division have been reported in business media. A carriage motion in Dziedziejko v. Canopy Growth Corporation recently reached the Ontario Superior Court of Justice as law firms battled to represent […]
Punitive Damages in the Consumer Protection Context
Damages are usually awarded by a court as a form of compensation for harm or loss suffered by the successful plaintiff; however, a court will occasionally award damages that serve a different purpose. Punitive damages, for example, are sometimes awarded not to compensate the plaintiff but to punish the wrongdoer and deter others from engaging […]
Class Action Defence: A Review
Class actions have become a popular mechanism for pursuing legal claims on behalf of a large group of individuals similarly affected by a particular issue. In Ontario, class actions have been recognized as a valuable tool for ensuring access to justice for those who might not otherwise be able to pursue legal action on their […]
Mandatory Stay of Bad Faith Cases Against the Crown is Unconstitutional
When the province introduced the Crown Liability and Proceedings Act, 2019, it was met with criticism from some legal experts and organizations that claimed the legislation would severely restrict access to justice in the province. At the time the proposed legislation was announced, the Law Commission of Ontario was nearing the completion of an in-depth […]
What You Need to Know About Flood Risk & Property Insurance in Ontario
Although temperatures in Ontario are still largely in the freezing range, we have already begun to see flooding when temperatures rise above zero, bringing significant rain and/or melting snow. Some neighbourhoods have had to be completely evacuated as rising waters have severely damaged homes and businesses, rendering some buildings unsafe or uninhabitable. With spring approaching, […]
How Insurance Could Play a Key Role in the Canadian Convoy Protests
The ongoing protests in Ottawa and at the Ambassador Bridge border crossing in Windsor have been making headlines for weeks since they began in January. Since then, a number of legal issues have arisen, including how insurance could play a key role. On February 14, the government of Canada announced that it would be invoking […]