On January 17, 2013, Jensen Shawa Solomon Duguid Hawkes LLP ("JSS Barristers") filed a proposed Class Action against the Government of Canada. The Statement of Claim alleges that Human Resources and Skills Development Canada ("HRSDC") breached the privacy rights of approximately 583,000 Canadians who borrowed student loans through HRSDC between 2000 and 2006. The Claim alleges that personal information of borrowers was recorded or stored on an external hard drive which was reported missing from an HRSDC office. The Claim alleges that the personal information included Social Insurance Numbers, dates of birth, addresses and student loan amounts and balances. The Statement of Claim seeks specific protective and prophylactic measures, along with damages for losses suffered.
If you believe you were personally affected by this matter and wish to provide details to JSS Barristers, please click here. All submitted information will be treated as private and confidential and will not be released to any party without the express written consent of the individual submitting the information. Providing information via the attached link will not result in the formation of a solicitor client relationship with JSS Barristers.
JSS Barristers has commenced a class action lawsuit against Assante Wealth Management (Canada) Ltd., Assante Capital Management Ltd., Brian Malley and Christine Malley, regarding investment and financial management decisions made by Mr. Malley for clients of Assante, and regarding Assante's supervision of Mr. Malley.
Jensen Shawa Solomon Duguid Hawkes LLP (also known as JSS Barristers) is evaluating a potential class action against Bell Mobility Inc. and Bell Canada Enterprises Inc. (collectively, "Bell"). Specifically, we are evaluating the remedies available to Bell customers in connection with the purchase of pre-paid phone cards with expiry dates. The pre-paid phone cards with expiry dates may have been sold under the Bell brand or other brands, including the Virgin Mobile Canada ("Virgin") and Solo Mobile ("Solo") brands.
If you purchased a pre-paid Bell, Virgin or Solo phone card with an expiry date any time within the last 2 years, and the expiry date passed prior to credits being fully used, you are encouraged to contact Carsten Jensen or Gavin Price.
March 26, 2012
In March 2012, Jensen Shawa Solomon Duguid Hawkes LLP filed a proposed class action against Groupon, Inc. (Groupon). The class action asserts that Groupon has breached various provisions of Alberta's Fair Trading Act and two accompanying regulations. The two relevant regulations are the Gift Card Regulation and the Internet Sales Contract Regulation. In addition, the class action asserts claims for unjust enrichment, negligent misrepresentation and breach of contract.
The allegations in the Statement of Claim allege, among other things, that Groupon customers have suffered losses as a result of Groupon's failure to provide its customers clear and comprehensible information about the terms and conditions applicable to Groupon vouchers, and about legislation that applies to these vouchers. Specifically, it is alleged that Groupon misled its customers with respect to expiry dates and the need to utilize the entire value of a Groupon voucher in a single visit to a participating merchant.
Contact information is as follows:
On October 11, 2012, Jensen Shawa Solomon Duguid Hawkes LLP filed a proposed Class Action against Paramount Investments Inc. (aka “Paramount Group of Companies”), Gateway Village II Limited Partnership, 1334926 Alberta Ltd., Iron-Gate Acquisitions Limited Partnership, Iron-Gate Acquisitions Inc., Adeeb Azizi, Samir Sawhney and Bryan Serbu (collectively, “the Defendants”).
The case involves the sale of limited partnership units associated with real estate developments in Edmonton. The Statement of Claim alleges that the units in question were sold to investors without a prospectus but were, in contravention of Alberta law, nevertheless both marketed and sold to individuals who did not qualify to purchase such investments.
The Statement of Claim alleges that the Defendants orchestrated a scheme whereby the Defendants misled those individuals who did not qualify for an exemption in order to extract funds from them. Those funds have not been returned to the investors. The Statement of Claim also alleges that some or all of the Defendants benefited by earning commissions, fees, incentives or other rewards in connection with the sale of the limited partnership units.
The proposed Class includes all individuals who provided funds to the Defendants to invest in the Gateway Village II and Iron-Gate Acquisitions II Limited Partnerships, and who did not qualify for an exemption permitting the sale of the units without a prospectus.
January 22, 2013
Jensen Shawa Solomon Duguid Hawkes LLP and Siskinds LLP, have filed a proposed class action against Poseidon Concepts Corp. (TSX:PSN), and certain of the company's officers and directors. The class action asserts that Poseidon Concepts, among other things, made statements that were materially false and misleading regarding Poseidon's financial position, financial performance and cash flows, and overstated the company's income by reporting inflated assets. Among other relief, the action claims $251 million in damages.
The proposed class includes persons who acquired securities of Poseidon Concepts on or prior to December 27, 2012, whether in a prospectus offering or in the secondary market.
Previously Siskinds has filed similar Claims in both Ontario and Quebec.
For further information on the specifics of the Claim:
In May 2010, Siskinds LLP and Jensen Shawa Solomon Duguid Hawkes LLP filed a proposed class action against Sonde Resources Corp., formerly known as Canadian Superior Energy Inc. ("Sonde Resources"). Also named as defendants were Challenger Energy Corp. ("Challenger"), and certain senior officers of Sonde Resources and Challenger. The class action asserted claims in negligence, negligent and fraudulent misrepresentation, unjust enrichment and oppression. In addition, the plaintiffs intended to seek leave to pursue claims under Part XXIII.1 of the Ontario Securities Act.
The allegations in the statement of claim concerned, among other things, disclosures relating to Sonde Resources' and Challenger's natural gas exploration project in Block 5(c), located offshore in the Republic of Trinidad and Tobago, as well as Sonde Resources' stock option practices.
A similar action was also filed in the United States District Court for the Southern District of New York.
In June 2011, the parties to the Ontario and U.S. litigation entered into an agreement to settle the plaintiffs' claims in all actions for US$5.2 million. The settlement class comprises all persons who purchased or otherwise acquired Sonde Resources common stock between January 14, 2008 and February 17, 2009, except for certain excluded persons. The settlement agreement is made without any admission of liability, wrongdoing or fault by the defendants.
The Ontario and U.S. courts have approved a notice which provides information on how class members may file a claim, opt out of the class or object to the settlement.
The courts have also approved a claim form.
On November 24, 2011, a Settlement Approval Order was issued by the Ontario Superior Court of Justice.
Further updates concerning this class action will be posted here.