Category Archives: Uncategorized

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 […]

Ad Hoc Fiduciary Duty and Causation

“Fiduciary duty” is a concept that exists inherently in many types of relationships. To owe a fiduciary duty means having a responsibility to act in the best interest of another party. An estate trustee, for example, owes an inherent fiduciary duty to the beneficiaries of the estate. They must ensure that debts of the estate […]

Extending the Time in Which to Seek Leave to Appeal

The Divisional Court (ONSC) recently dealt with this issue in Amphenol Canada Corp. v. Sundaram (2020). There the plaintiff had obtained an ex parte Mareva injunction against all of the defendants in a civil fraud matter, effectively freezing their assets. The plaintiff then sought a continuation of the injunction and was successful. One of the […]

‘Overbroad And Overreaching’, Court Of Appeal Overturns Anton Piller And Mareva Orders, Sends Warning To Overzealous Plaintiffs

The Alberta Court of Appeal recently set aside a number of Anton Piller and Mareva orders against certain defendants in Secure 2013 Group Inc. v Tiger Calcium Services Inc., 2017 ABCA 316. While the case originates in Alberta, the Court of Appeal’s commentary on broad and overreaching Anton Piller and Mareva orders serves as a warning for […]

Anti-Spam Class Actions And Protection Of Consumers

Canada’s anti-spam legislation (CASL),[1] came into effect on July 1, 2014. However, certain provisions including those that provide individuals with a private right of action against businesses engaging in spam practices have not yet come into force. CASL generally prohibits individuals and businesses from sending commercial email to Canadians without explicit consent. Readers may recall receiving […]

Fictitious, Non-Existing, And Imaginary Friends: Bank Liability For Cheque Fraud

The Supreme Court of Canada recently released its decision in Teva Canada Ltd. V TD Canada Trust, 2017 SCC 51 [Teva]. In it, the divided court found TD Canada Trust and Bank of Nova Scotia liable to Teva Canada Limited for $5.4 million dollars because of a cheque fraud carried out by a rogue Teva employee. […]

Canadian Data Breaches On The Rise: Businesses Take Warning

2017 has brought with it an increasing number of cyberattacks, resulting in significant data breaches directly affecting Canadians. While news of a new data breach is alarming on its own, the most recent data breaches have exposed highly sensitive data, much of which has been accessed by hackers before the breach is even detected. Cyberattacks […]

Uber’s Latest Data Breach: Foreshadowing At The FTC?

On Tuesday evening, Uber’s CEO announced that in late 2016 the company learned hackers gained access to the personal information of over 57 million users worldwide. While the full extent of Uber’s data breach is still being uncovered, the personal information accessed in the data breach includes names, email addresses, and phone numbers, and may […]

Litigation Funding Up For Discussion Again

The Ontario Superior Court of Justice recently released its decision in Houle v St. Jude Medical Inc., 2017 ONSC 5129 [Houle]. In it, Justice Perell conditionally approved a litigation funding agreement between the representative plaintiffs, class counsel and Bentham IMF Capital Inc., a global litigation funding company. The court’s decision in Houle has important implications for parties to […]

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