Shareholder Spat Leaves Plaintiffs With No Remedy, And An Order To Pay $2.7 Million In Costs

The case of Harris v. Leikin Group Inc. provides another illustration of the messy, and costly, fallout that can occur when there is a dispute within a successful family business. The Leikin Group was founded by Harry Leikin (now deceased), the grandfather of the protagonists in the Harris litigation. Harry Leikin had 11 grandchildren, each…

Canada’s Anti-Spam Law

Canada’s new Anti-Spam legislation, commonly known as “CASL”, establishes an “opt-in” regime by making it presumptively unlawful to send a commercial electronic message (CEM), unless the recipient has consented to receive it, and the sender includes certain information and an unsubscribe mechanism. CASL applies to anyone who uses email for any commercial purpose. Violators face…

Criminal Investigations and Cross Border Litigation Not A Bar to US Depositions

The Superior Court of Ontario recently granted an application for the enforcement of letters rogatory to take evidence of, and compel the production of documents by, two non- party Ontario residents in a consolidated multidistrict class action in the US. The Court held that the conditions for enforcement were met and, importantly, rejected the arguments…

US Obtains First Ever Extradition from Canada on Antitrust Charges

Canadian businessman John Bennett will be extradited to the US face bid-rigging, fraud, conspiracy, and kick-back charges, the BC Court of Appeal held recently. The charges stem from a bid by the company he founded, Bennett Environmental Inc., to work on an environmental cleanup project in New Jersey. Bennett Environmental was an environmental soil remediation…

The Ebooks Saga: Kobo’s Challenge Explained

Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in Canada. Kobo’s case also highlights a little-known area of risk that Canadian businesses face. Canadians have taken to ebooks and…