News —

What Waddell Phillips has been making the news for lately.


Margaret Waddell in Law Times: “Superior Court Ruling Clarifies Auditors’ Liability” —

The following article appeared in the Law Times on July 24, 2017. Visit the original articleLawyers say a recent Ontario Superior Court decision spells out auditors’ liability to their clients’ clients. In Lavender v. Miller Bernstein, Justice Edward Belobaba sided with investors who brought a class action lawsuit against an accounting firm that had audited a now-defunct securities dealer, Buckingham Securities. The plaintiff said the accounting firm, Miller Bernstein, was liable for negligently signing off on reports that falsely said the dealer was in compliance with the Ontario Securities Commission’s requirements on segregation and minimum capital requirements. While the investors had never seen those reports, Belobaba ruled that the auditors had a duty of care to the investors.


Times Group Corporation Trademark Infringement Upheld on Appeal —

The Federal Court of Appeal has upheld a decision expunging the trademark of a competitor of Times Group Corporation (Times Group) and granting a permanent injunction restraining the competitor from using the word “Time” from marketing real estate to Toronto’s Chinese-Canadian community.


Amnesty International Applauds Compensation and Apology for Omar Khadr —

Amnesty International welcomed the official announcement today from Public Safety Minister Ralph Goodale and Minister of Justice Jody Wilson-Raybould that settlement has been reached with respect to Omar Khadr’s lawsuit. Mr. Khadr has received compensation and an apology from the Canadian government for the troubling role that Canadian officials played in the serious human rights violations he experienced while held by US forces at Guantánamo Bay between 2002 and 2012.


Waddell Phillips in The Canadian Press: Class Action Launched Over Heart Defibrillators —

The following article appeared in the The Canadian Press on March 27, 2017. Two Toronto law firms have launched a Canada-wide class-action lawsuit against the manufacturers of implantable defibrillators that can fail with little or no warning because of potentially defective batteries. About 8,000 Canadians were implanted with the cardiac defibrillators with the brand names Fortify, Fortify Assura, Fortify Assura MP, Unify, Unify Assura, or Unify Quadra, which were manufactured between January 2010 and May 23, 2015. Those made after that period are not affected by the defect.


Margaret Waddell in Law Times: “Canada and U.S. Diverge on Class Participation” —

As the Republican Congress in the U.S. puts its weight behind a bill that will require class plaintiffs and class members to suffer identical injuries, thereby severely restricting participation in class actions, Canadian courts have once again affirmed that class members and their representatives do not need to have identical claims.


John Phillips’ Win on “Judge Calls RCMP Treatment of Sergeant ‘Outrageous’ in Bullying Case” —

The judge in a lawsuit against the RCMP has called the national police force’s treatment of plaintiff Sgt. Peter Merrifield “outrageous” and has chastised the force for its lack of credibility and forthrightness in defending the case. “The defendants had a reckless disregard of causing the plaintiff to suffer emotional distress,” wrote Judge Mary Vallee in her 176-page ruling. She awarded Merrifield $41,000 in lost wages for delayed advancement, and $100,000 in general damages for “harassment and intentional infliction of mental suffering.”

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