In litigation, the unsuccessful party must generally pay some of the other party’s legal costs. The amount payable and by whom is typically within a court’s discretion under section 131 of the Courts of Justice Act. The general rules governing the determination of those costs are set out in Rule 57 of the Rules of […]
Category Archives: Class Action
Court Certifies Class Action Proceeding Against Trading Platform Binance
We have previously written about the cryptocurrency asset trading platform Binance, which is the subject of an Ontario Securities Commission investigation. A certification motion was recently brought against the Binance group of companies on behalf of purchasers of “cryptocurrency derivative products.” In Lochan v. Binance Holdings Limited, the Superior Court of Justice approved class action […]
Class Action Against Capital One and Amazon Web Services Dismissed by the Court of Appeal
In the past, we have written about third-party data breaches and the tort of intrusion upon seclusion. The application of that tort in the context of such breaches has repeatedly come before the Court of Appeal in recent years, most recently in Del Giudice v. Thompson. That case outlines some key principles concerning class actions […]
Court Maintains Mareva Injunction in Context of NFT Litigation
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 […]
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 […]