In a unanimous decision written by Laskin JA and released late yesterday, the Ontario Court of Appeal overturned Canada’s first-ever class action judgment in favour of investors arising from misrepresentations by a corporation prior to its initial public offering (“IPO”).

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Last summer, in David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co., the Ontario Court of Appeal overturned its own decision on a question of law it decided just a few years ago in McNaughton Automotive Ltd. v. Co-operators General Insurance Co. In so doing, the Court wrestled with whether and when it could, or should, overrule one of its past decisions.

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On October 14, 2005 , a three-member panel of the Ontario Securities Commission dismissed the charges of insider trading brought by OSC staff against Kwok Yuen Ho, a former CEO of ATI Technologies Inc., and his wife, Betty. In its reasons dismissing the allegations, the OSC panel highlighted the serious shortcomings in the evidence adduced [...]

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An insured must inform its insurer of any facts that affect its insurability or that an insurer would consider relevant in assessing risk. This duty to disclose such facts exists even in the absence of a specific request for them. An insured may face coverage issues if it breaches this obligation and withholds facts that [...]

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A Notice of Intent to Defend is the shortest of the pleadings that may be filed in an Ontario action and, in most cases, is of little consequence. Comprised of a single page and saying little beyond what its title already indicates, a Notice of Intent to Defend is normally used only to notify the [...]

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