Class Action

Margaret Waddell moves practice to Phillips Gill LLP

Toronto class-action lawyer Margaret Waddell has moved her practice to Phillips Gill LLP where she is focusing on plaintiff-side class actions, as well as commercial litigation and mediation work. Read more

Class-action case management smoothed by top court judgment

Allowing judges to sit outside their own province will help smooth the complicated process of managing national class actions, says Toronto civil litigation and class-actions lawyer Brian Radnoff. Read more

Auditors’ liability remains indeterminate

By Margaret L. Waddell, Phillips Gill LLP . Whether an auditor owes a duty of care to the lenders of a company it audits remains an open question after the Ontario Court of Appeal (OCA) overturned the summary judgment decision of Justice Paul M. Perell in CIBC v. Deloitte & Touche , 2016 ONCA 922. On the summary judgment motion, Justice Perell dismissed the negligent misrepresentation claim brought by Philips Services Corp.’s lenders against the company’s auditor, Deloitte. He found that the auditors did not owe a duty of care to the lenders, finding that the spectre of indeterminate liability to an indeterminate class negated the prima facie duty of care that would otherwise exist, based upon the second stage of the Anns/Cooper test. Read more

OCA certifies class action against accounting firm, citing lower courts’ errors

After concluding that both the motion judge and the majority of the Divisional Court erred, the Ontario Court of Appeal (OCA) has certified a class-action lawsuit against an accounting firm that involves international investors who lost money in an investment in a Chinese livestock company, says Toronto class-action lawyer Margaret Waddell . Read more

Decision challenging court-appointed monitor fees 'unusual'

A recent decision by a British Columbia court to question fees already paid to a court-appointed monitor is unusual, as judges are normally reluctant to overly scrutinize the accounts of these officials, Toronto commercial litigation and class-action lawyer Brian Radnoff tells Law Times . Read more

Supreme Court rules on securities class action limitations

By Brian Radnoff . In Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60 ( Green ), the Supreme Court of Canada (SCC) ruled on the limitation periods for securities class actions regarding secondary market misrepresentation, an issue that had received inconsistent treatment at the Ontario Court of Appeal. Read more

SCC class action ruling corporate-friendly, but deterrent remains

Corporations can take some comfort from the Supreme Court of Canada’s recent decision on investor class action lawsuits that the protections built into the Securities Act for them are going to be strictly upheld by the courts, Toronto class-action lawyer Margaret Waddell tells Lawyers Weekly . Read more

Court has latitude to create litigation plan in class action

When class-action parties fail to reach an agreement on a litigation plan for the prosecution of the individual issues in a class proceeding, the court has the power to step in and craft a bespoke process, Toronto class-action lawyer Margaret Waddell tells Legal Feeds . Read more

Waddell to co-chair Winning Injunctions program

On Dec. 9 , 2015, Toronto class-action lawyer Margaret Waddell , partner at Paliare Roland Rosenberg Rothstein LLP , will co-chair The Advocates’ Society’s program on ‘Winning Injunctions.’ Read more

Waddell to speak at 7th Annual Class Actions Colloquium

Toronto class-action lawyer Margaret Waddell will be part of the expert speaker faculty at the upcoming 7th Annual Class Actions Colloquium, presented by the Ontario Bar Association. Read more

Ruling shows court discretion in class actions

An Ontario judge’s recent move to end a dispute over who will represent plaintiffs in a class action against a pharmaceutical company is a “rare” ruling that highlights the significant discretion courts have in managing these matters, Toronto commercial litigation and class-action lawyer Brian Radnoff tells Law Times . Read more

Ashley Madison facing multiple class-action suits

News that Ashley Madison is facing a national class-action lawsuit in Canada — and at least four others in the United States — highlights that businesses that operate online have to be very careful about security, says Toronto commercial litigation and class-action lawyer Brian Radnoff . Read more

Deference carries the day

By Brian Radnoff , Rebecca Shoom (Student-at-law). In a somewhat anticlimactic follow-up to Nordheimer J.’s decision granting leave to appeal , the Divisional Court recently deferred to Belobaba J.’s carriage decision and dismissed the appeal in Mancinelli v. Barrick Gold Corporation , 2015 ONSC 2717. Read more

In spite of ruling, carriage disputes expected to continue

Although a recent ruling that upheld an earlier decision in a carriage dispute between law firms in the Barrick Gold Corp. class action does provide some clarity on the issue, these types of battles are likely to continue to occur, Toronto class action lawyer Brian Radnoff tells Law Times . Read more

Waddell: a strong advocate with a proven class-actions career

Toronto class-action lawyer Margaret Waddell was barely into junior high school when friends and family started telling her she should consider becoming a lawyer. At the time it sounded like a good idea and she stuck with it. Read more