fmc-law.com RSS Feeds - Publications - Class Actionshttp://www.fmc-law.com/upload_net/rss/en/Class_Actions.xmlThu, 31 May 2012 10:01:05 GMTen-us5All Canadian provinces and territories have recently amended their securities statutes to contain provisions that create civil liability for secondary market misrepresentation. Investors that purchase an issuer's securities on the secondary market may now bring claims for misrepresentation and failure to make timely disclosure of a material change. As a result, there has been a marked increase in the number of securities class actions in Canada. This article provides: an overview of the policy rationale behind the new statutory regime; an examination of the regime's key features; and an analysis of the case law that has developed around the provisions so far. To read the full article, visit the Practical Law Company Website.http://www.fmc-law.com/Publications/0512_Secondary_market_liability_in_Canada.aspxWed, 09 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Secondary_market_liability_in_Canada.aspxOn April 26, 2012, the Supreme Court of Canada (“SCC”) refused leave to appeal from the reversal of a $36 million environmental class action award against Inco. As usual, the SCC did not give reasons for declining to hear the appeal. The refusal of the leave application means the decision of the Ontario Court of Appeal (“ONCA”) will stand (See November 2011 Focus on Environmental Law). The parties now face a determination of the trial costs awarded to Inco (costs of the appeal have been fixed at $100,000). Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law.aspxTue, 01 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Environmental_Law.aspxOn January 27 2012 the Ontario Court of Appeal released its decision in Fischer v IG Investment Management Ltd. The court held that capital markets participants which reach a settlement agreement with the Ontario Securities Commission (OSC) with respect to securities law infractions may still be exposed to civil liability in class actions. Republished with permission. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Schafler_Michael_Soloman_Lam_Settlements_Ontario_Securities_Commission.aspxWed, 14 Mar 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0312_Schafler_Michael_Soloman_Lam_Settlements_Ontario_Securities_Commission.aspxIn this presentation, Michael Schafler looks at the past year in Class Actions in Ontario. With an examination of Class Action trends as well as Class Actions related to employment, securities, franchisee actions as well as government actions. Also discssed is a procedure update and what to expect in future cases. Learn more by viewing the Slideshare presentation below. Year in Review: Ontario Class Actions 2010-2011 View more presentations from FMC Law This presentation contains information regarding Class Actions in Ontario. If you are faced with one of these issues, please retain professional assistance as each situation is unique.http://www.fmc-law.com/Publications/0112_Year_In_Review_Class_Actions_Presentations_Schafler.aspxTue, 10 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Year_In_Review_Class_Actions_Presentations_Schafler.aspxIn this issue of Focus on Environmental Law, Nalin Sahni discusses the dismissal of the environmental class action award against Inco. In a 3-0 decision, the Ontario Court of Appeal has reversed a $36 million trial award to members of an environmental class action. Thousands of Port Colborne, Ontario’s residents had sued Inco for property devaluation caused by soil contamination arising from 66 years of nickel refining emissions. Smith v. Inco Ltd. (formerly Pearson v. Inco Ltd.) is notable as one of the first environmental class actions to go to a full trial on the common issues. The Ontario Court of Appeal decision makes it much more difficult to pursue claims of private nuisance and Rylands v. Fletcher strict liability and also clarifies the application of limitation periods for class actions. A copy of this article in French will be available on our website later this week. Read more by clicking the download button.http://www.fmc-law.com/Publications/1111_Focus_On_Environmental_Law.aspxWed, 09 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1111_Focus_On_Environmental_Law.aspxIn this article, Norman Emblem and Chloe Snider outline the recent Fulawka decision and discuss some of the important differences between this and the two other overtime pay decisions released this year. In the past year, in three prominent cases, the Ontario courts have considered whether employee claims for unpaid overtime are suitable to be brought as class actions. The latest decision in this trilogy of cases - the decision of the Ontario Divisional Court in Fulawka v. The Bank of Nova Scotia - was released on June 3 2011. In Fulawka the divisional court upheld the decision of Justice Strathy (of the Superior Court) certifying the employee plaintiff's action for overtime pay as a class action. This article also includes discussion on: Divisional court decision Causes of action Common issues Preferable procedure Read more by clicking here to view the article on International Law Office's website.http://www.fmc-law.com/Publications/0711_Ontario_Issues_Recent_Decision_Overtime_Pay_Class_Actions.aspxTue, 19 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Ontario_Issues_Recent_Decision_Overtime_Pay_Class_Actions.aspxIn this article Michael Schafler discusses the decision released on March 18, 2011 by the Supreme Court of Canada in Seidel v. TELUS Communications Inc. 2011 SCC 15. In its decision the Supreme Court of Canada held, in a split 5-4 ruling, that in appropriate circumstances an arbitration clause in a consumer context will not oust a class action.  The decision is particularly noteworthy for the rigorous dissenting reasons and is a must read for anyone who is engaged in class action or arbitration work. First published in Possibilities, the CBA National ADR Section Newsletter, July 2011. This article may also be obtained on the CBA website, at http://www.cba.org/cba/newsletters-sections/pdf/2011-06-ADR.pdf . Read more by clicking the download button.http://www.fmc-law.com/Publications/Schafler_Michael_Consumer_arbitration_clauses_class_actions_Supreme%20Court.aspxFri, 01 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/Schafler_Michael_Consumer_arbitration_clauses_class_actions_Supreme%20Court.aspx