On April 15, 2009, a class action lawsuit was launched on behalf of the proposed representative plaintiff Jeffrey Lispon, against Cassels Brock & Blackwell LLP (“Cassels Brock”) in respect of allegations relating to a legal opinion prepared in support of a timeshare program operated and promoted by the Athletic Trust of Canada (the “Legal Opinions”) for anticipated tax credits. Mr. Lipson brings the action on behalf of individuals who participated in the Timeshare Program in 2000, 2001, 2002 and/or 2003 and received Timeshare Weeks from the Athletic Trust and donated them, together with a cash donation, to one or more registered charities (the “Class Members”).
Mr. Lipson’s statement of claim alleges that, among other things, the Legal Opinions did not meet the appropriate standard of care, contained various express and implied misrepresentations and that as a result, the Class Members suffered damages when the Canada Revenue Agency disallowed the charitable donations. The allegations in the statement of claim have not yet been proven in Court.
Certification Hearing & Appeal
The Plaintiff’s certification motion was heard in Toronto on November 7 and 8, 2011. In reasons for decision released on November 14, 2011, the Plaintiff’s certification motion was dismissed by the Court.
The Plaintiff appealed the Court’s decision to the Court of Appeal for Ontario. The Plaintiff’s appeal was argued on September 17 & 18, 2012.
In reasons for decision released on March 19, 2013, a unanimous Court of Appeal allowed the Plaintiff’s appeal and certified this action as a class proceeding.
To view or download a copy of the Court of Appeal’s decision in Lipson v. Cassels Brock click here: Court of Appeal Reasons Lipson v. Cassels Brock.
Court Approved Notice of Certification
Pursuant to the Order of the Court of Appeal for Ontario, Mr. Lipson has been appointed to act as the Representative Plaintiff for the following Class:
- All individuals who applied and were accepted to be beneficiaries of the Athletic Trust in 2000, 2001, 2002 and/or 2003 and received Timeshare Weeks from the Athletic Trust and donated them, together with a cash donation, to one or more of the RCAAAs (the “Class Members”).
Class Members are not required to do anything to be Class Members in this action. Persons falling within the Class definition described above were automatically included in the Class unless they chose to exclude themselves from this proceeding. The original deadline for opting out expired on September 26, 2014. If Class Members did not provide a written request to opt-out by September 26, 2014 they remain members of the Class.
Partial Extension of Opt-out Deadline & Revised Notice of Certification
In 2015 it came to the attention of the Representative Plaintiff that a number of additional Class Members were not provided with a copy of the court-approved Notice of Certification in August 2014. By order of the Class Action Case Management Judge, a revised Notice is being provided to those Class Members to inform them of their rights to either participate in or be excluded from this class proceeding. To view or download a copy of the revised court-approved notice of certification please click here.
The revised deadline for previously un-notified Class Members to opt out was June 17, 2015. The revised opt-out period is now closed.
For more information about this action please contact George Pakozdi at:
Tel: 416 362 1989
Fax: 416 362 6204