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Le 11 mai 2007, Siskinds, Desmeules a déposé une requête pour autorisation d’exercer un recours collectif contre Purdue Pharma et sa filiale canadienne en rapport avec l’Oxycontin. L’Oxycontin appartient à la classe des médicaments opiacés et est prescrit pour des douleurs modérées à sévères. La consommation d’Oxycontin aurait entraînée chez certaines personnes la toxicomanie, l’abus, la surdose et parfois même la mort. La requête allègue que les défendeurs savaient ou auraient dû savoir que l’Oxycontin entrainait la dépendance et la toxicomanie.
Le 25 janvier 2005, Siskinds, Desmeules a déposé une requête pour autorisation d’exercer un recours collectif contre Eli Lilly & Cie et sa filiale canadienne concernant le Zyprexa. Zyprexa (« olanzapine ») appartient à la classe des médicaments appelés antipsychotiques atypiques. Il est approuvé au Canada pour le traitement de la schizophrénie et des troubles psychotiques apparentés, ainsi que de la manie liée au trouble bipolaire. La consommation du Zyprexa serait liée à une augmentation du risque de développer du diabète et d'autres problèmes de santé connexes.
In June 2008, Siskinds LLP filed a proposed class action against Gildan Activewear Inc. (ticker: "GIL") and certain of Gildan's senior officers. The action arises out of Gildan's recent disclosures regarding its Dominican Republic manufacturing facilities and Gildan's results for fiscal 2008. The action asserts common law claims and seeks leave to pursue claims under Part XXIII.1 of the Ontario Securities Act.
In June of 2008, Siskinds LLP filed a proposed class action seeking leave to pursue claims under Part XXIII.1 of the Ontario Securities Act against European Minerals Corporation ("EPM") and certain of EPM's senior officers. The action arises out of EPM's March 31, 2008 press release disclosing, among other things, that EPM would be delaying the release of its 2007 annual consolidated financial statements, in part as a result of EPM's review of its accounting for derivatives to ensure compliance with GAAP. EPM acknowledged that this review would result in the restatement of EPM's Financial Statements Q1, Financial Statements Q2, and Financial Statements Q3. On April 11, 2008, EPM restated its financial statements for the first three quarters of 2007 to properly account for a forward sales contract of gold to be produced from its Varvarinskoye project. The restatements resulted in significant changes to EPM's net earnings and earnings per share for those periods.
In March 2008, Siskinds LLP filed a $110 million class action under Ontario's new investor protection legislation (Part XXIII.1 of the Ontario Securities Act) against SunOpta Inc. ("SunOpta") and certain of SunOpta's senior officers. The action arises out of SunOpta's January 24, 2008 press release disclosing, among other things, that SunOpta would be required to take certain write-downs in connection with its berry operations. Among other things, it is alleged in the Statement of Claim that the defendants falsely represented that certain of SunOpta's quarterly financial statements from 2007 were compiled in accordance with generally accepted accounting principles.
In March 2008, Siskinds LLP filed a $16 million class action under Ontario's new investor protection legislation (Part XXIII.1 of the Ontario Securities Act) against TVI Pacific Inc. ("TVI") and certain of its directors and officers. The action arises out of TVI's August 9, 2007 disclosure that TVI would need to restate its financial statements for the years 2005 and 2006 and for the first quarter of 2007. Among other accounting errors, it is alleged in the Statement of Claim that TVI's stock options were manipulated and that TVI incorrectly expensed its stock options to senior executives. The class action is brought on behalf of all persons who acquired TVI securities from March 30, 2006 to and including August 9, 2007 (the "Class Period"), and who held some or all of those securities on August 9, 2007.
In March 2008, Siskinds LLP filed a class action against Gammon Gold Inc. ("Gammon") and certain of its current and former officers and directors. The class action arises out of Gammon's April 2007 offering to the public of 10 million Gammon shares at a price of $20 per share. The offering was conducted pursuant to a prospectus issued by the defendants on April 19, 2007. Also named as defendants are the three underwriters who sold those shares to the public: BMO Nesbitt Burns, Inc., Scotia Capital Inc. and TD Securities Inc.
The law firm of Siskinds LLP is counsel in a class action commenced on July 30, 2007 seeking damages against Celestica Inc. and certain of its officers and directors. The claim is on behalf of all persons who acquired Celestica's securities in the period between January 27, 2005 and January 30, 2007 (the "CLASS PERIOD") and who continued to hold some or all of those securities at the end of the CLASS PERIOD.
A class proceeding was commenced on October 25, 2004, alleging that the Defendant, Kia Canada, Inc., negligently misrepresented and overstated the horsepower rating in certain Kia vehicles sold in Canada. On January 10, 2008, a settlement was reached with Kia Canada, Inc., subject to court approval. A motion for certification and settlement approval is scheduled for February 28, 2008.
On October 23, 2007, Siskinds filed a class proceeding against Fleet with respect to the oral laxative Fleet Phospho-soda. Use of Fleet Phospho-soda has been associated with an increased risk of developing renal problems.
In February 2006, Siskinds and the law firm of Cavalluzzo Hayes Shilton McIntyre & Cornish ("Cavalluzzo") commenced a class action lawsuit in the Ontario Superior Court of Justice against Royal Group Technologies Ltd. ("Royal Group") and eight current and former officers and directors of Royal Group. The lawsuit was commenced on behalf of the Canadian Commercial Workers Industry Pension Plan ("CCWIPP").
This class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain prices at which Flash Memory or products containing Flash Memory were sold in Canada.
This class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain prices at which LCD or products containing LCD were sold in Canada.
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