15 January 2018
By Uri Snir
19 December 2017
In what appears to be the last judgment written by Chief Justice McLachlin before her retirement this past weekend, the Supreme Court of Canada considered the scope of the doctrine of proprietary estoppel. The Cowper-Smith v. Morgan decision considers proprietary estoppel in the context of an acrimonious estate dispute, and may have significant implications in respect of equitable proprietary claims.
11 December 2017
By Uri Snir
The Ontario Securities Commission (“OSC”) recently released a research study on the investment habits of millennials, entitled “Missing Out: Millennials and the Markets” (the “Study”). The Study was conducted online between May 5th and 12th, 2017 among a representative sample of 1,585 Ontarians, 18 to 36 years old. It finds that 80% of millennials are saving, but less than 50% are investing.
4 December 2017
28 November 2017
Undisclosed fees charged by financial institutions and other perceived “deep pocket” organizations have attracted class actions across Canada and the U.S. throughout the past few years. Continuing this trend, the British Columbia Court of Appeal recently released a decision in Finkel v. Coast Capital Savings Credit Union upholding the certification of another class action for undisclosed fees.
20 November 2017
and Shakaira John
According to this year’s Annual Report by the Ontario Securities Commission (“OSC”), the new whistleblower program has enjoyed some success since its inception last year. In order to maintain this momentum, the OSC has prioritized raising awareness of the program and whistleblower protections in particular in the coming year. However, not everyone thinks the whistleblower protections are as good as they sound.
13 November 2017
By Uri Snir
On October 31, 2017, the Ontario Securities Commission (the “OSC”) adopted the Ontario Securities Commission Rules of Procedure and Forms (the “Rules”) and the Practice Guideline (the “Guideline”).
6 November 2017
In our October 16, 2017 blog post, we summarized a decision by Justice Epstein of the Ontario Court of Appeal (in chambers), in Yaiguaje v. Chevron Corporation, wherein the Court of Appeal ordered a group of Ecuadorian villagers to pay nearly $1 million into court as security for costs in their historical litigation against Chevron.
30 October 2017
This is the second of a two-part post on the Court of Appeal’s decision in Airia Brands Inc. v Air Canada. In last week’s post, we summarized the nature of the claim and the Court of Appeal’s framework for establishing jurisdiction over absent foreign claimants. In this week’s post, we summarize the Court of Appeal’s analysis of the real and substantial connection test for establishing jurisdiction over class proceedings. We also briefly explain the difference between the real and substantial connection test and the test for forum non conveniens.
23 October 2017
This is the first of a two-part post on the Court of Appeal’s decision in Airia Brands Inc. v Air Canada. This week’s post will canvass the background to the action and summarize the framework provided by by the Court of Appeal for establishing jurisdiction over absent foreign claimants.