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Cases » Athletic Trust Tax Advice Class Action On April 15, 2009, a class action lawsuit was launched on behalf of the proposed representative plaintiff Jeffrey Lispon, against Cassels Brock & Blackwell LLP ("Cassels Brock") in respect of allegations relating to a legal opinion prepared in support of a timeshare program operated and promoted by the Athletic Trust of Canada (the "Legal Opinions"). Mr. Lipson brings the action on behalf of individuals who participated in the Timeshare Program in 2000, 2001, 2002 and/or 2003 and received Timeshare Weeks from the Athletic Trust and donated them, together with a cash donation, to one or more registered charities (the "Class Members"). Mr. Lipson’s statement of claim alleges that, among other things, the Legal Opinions did not meet the appropriate standard of care, contained various express and implied misrepresentations and that as a result, the Class Members suffered damages when the Canada Revenue Agency disallowed the charitable donations. The allegations in the statement of claim have not yet been proven in Court. Certification Hearing & Appeal The Plaintiff’s certification motion was heard in Toronto on November 7 and 8, 2011. In reasons for decision released on November 14, 2011 the Plaintiff’s certification motion was dismissed by the Court. The Plaintiff is appealing the Court’s decision. The date of the Plaintiff’s appeal will be posted on this website as soon it is fixed by the court office. More Information For more information about this action please contact Alexandra Carr at: |
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