CONTRIBUTORS: KEN DEKKER, MICHAEL OSBORNE, MICHAEL BINETTI,ADAM WYGODNY,AND HOOMAN ZARGARZADEH CANADA’S TOP COURT DISMISSES SHAREHOLDER CLASS ACTION AGAINST DANIER LEATHER In October, Canada’s Supreme Court upheld the Ontario Court of Appeal’s decision overturning Canada’s first-ever securities class action judgment in favour of investors relating to alleged misrepresentations on an initial public offering. … and more. [...]

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Symbol Technologies Canada ULC v. Barcode Systems Inc.[1] A corporation that is no longer a going concern cannot maintain a private application under s. 75, the Tribunal held in October 2005. In early 2004, the Tribunal granted Winnipeg bar code equipment seller Barcode Systems Inc.leave to commence a private application to force Symbol Technologies Canada [...]

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In two recent cases,[1] the Court of Appeal for Ontario clarified the extent of an investor’s duty to mitigate when a stockbroker fails to follow instructions. As the breach relates to the purchase or sale of marketable securities, an investor must act quickly to mitigate any losses. The investor may decide to hold a security, [...]

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Major shareholders and directors of corporation are not liable for torts of the corporation because they “presumptively benefit” from those torts, or because of a duty to be aware of, explain, and correct, the tortious behaviour, the Court of Appeal recently held in A-C-H International v. Royal Bank of Canada.[1] The court also re-affirmed the [...]

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There is a new development in the saga of Monarch Entertainment, Robert Strother and Davis & Company. Strother’s former law firm, Davis & Company, has been ordered by the British Columbia Court of Appeal to disgorge fees paid to it by Monarch plus the profits it earned from another client because it acted in a [...]

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