In Reasons for Decision released on February 13, 2014 this action was certified as a class proceeding by the Ontario Superior Court of Justice.
To view of download a copy of the judge’s reasons for certification please click here.
The Notices of Certification and Opt-Out Forms can be reviewed here on our website or by visiting http://www.bnsunpaidovertime.ca/.
The Commission’s evidentiary hearings ended on October 9, 2013.
Closing oral submissions for Part II will be held in Elliot Lake on Tuesday, November 12, 2013, starting at 9 a.m. Written submissions are due by 5 p.m. on Friday, November 8, 2013.
The Commissions Website can be found at http://www.elliotlakeinquiry.ca.
On July 4, 2013, the Court of Appeal released its ruling in Cytrynbaum v. Look Communications Inc. clarifying the law pertaining to requests by directors and officers for advance funding and indemnities and section . 124(4) of the Canada Business Corporations Act. A copy of the ruling can be found at Cytrynbaum v. Look Communications Inc.
On March 21, 2013, the Supreme Court of Canada denied leave to appeal in the cases of Fulawka v. Scotiabank and Fresco v. Canadian Imperial Bank of Commerce. In June of 2012 the Ontario Court of Appeal ruled that both cases should be certified as class actions and allowed to proceed to trial. The decision of the Supreme Court upholds those rulings.
On March 19, 2013, the Court of Appeal for Ontario allowed the plaintiff’s claim for allegedly inappropriate tax advice in Lipson v Cassels Brock & Blackwell to proceed as a class proceeding.
In reasons released on September 14, 2012, the Ontario Superior Court of Justice denied the Plaintiff’s motions for certification and leave to issue a claim for secondary market misrepresentation under the Securities Act in the matter Gould v. Western Coal Corporation et. al. Members of Roy O’Connor LLP acted for a number of the former directors.
In unanimous decisions released on June 26, 2012, the Court of Appeal for Ontario allowed the plaintiffs’ claims for alleged unpaid overtime in Fresco v CIBC and Fulawka v Bank of Nova Scotia to proceed as class proceedings.