Securities Litigation Update – June 2005
Contributing Authors: Kenneth A. Dekker , Paul Emerson, and Angela Yadav The future of shareholder class actions in Ontario The times are changing for shareholder class actions in Ontario. Last year, the Ontario Superior Court of Justice rendered Canada’s first-ever shareholder class action judgment arising from misrepresentations on an initial public offering (“IPO”) (Kerr v. Danier). Later this year, the Ontario government is expected to proclaim amendments to the Securities Act that will make it easier for investors on the secondary market (i.e. a stock exchange) to sue for corporate misrepresentations. While shareholder class actions have traditionally been largely a ... [more]
A Tale of a Faithless Fiduciary
Dominant firms can have loyalty and rebate programs that encourage exclusivity, Tribunal rules
Bibby, a division of Canada Pipe, dominates the market for cast iron drain, waste and vent pipes. Its rebate program encourages its customers to stock its products exclusively. But Bibby’s rebate program is not anti-competitive, and thus Bibby did not abuse its dominant position, the Competition Tribunal ruled in a decision released in February, 2005. [more]
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