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.
New! 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 has appealed the Court’s decision to the Court of Appeal for Ontario. The Plaintiff's appeal was argued on September 17 & 18, 2012.
In reasons for decision released on March 19, 2013 a unanimous Court of Appeal allowed the Plaintiff’s appeal and certified this action as a class proceeding.
To view or download a copy of the Court of Appeal’s decision please click here.
For more information about this action please contact Carolyn Filgiano at:
IN THE NEWS
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On March 21, 2013 the Supreme Court of Canada denied leave to appeal in the cases of Fulawka v. Scotiabank and Fresco v. Canadian Imperial Bank of Commerce. In June of 2012 the Ontario Court of Appeal ruled that both cases should be certified as class actions and allowed to proceed to trial. The decision of the Supreme Court upholds those rulings.
Court of Appeal Certifies Tax Shelter Case
On March 19, 2013 the Court of Appeal for Ontario allowed the plaintiff’s claim for allegedly inappropriate tax advice in Lipson v Cassels Brock & Blackwell to proceed as a class proceeding.
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Court of Appeal Certifies Overtime Class Actions against CIBC and Bank of Nova Scotia
In unanimous decisions released on June 26, 2012 the Court of Appeal for Ontario allowed the plaintiffs’ claims for alleged unpaid overtime in Fresco v CIBC and Fulawka v Bank of Nova Scotia to proceed as class proceedings.
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REO is featured in the June issue of National Magazine - the official publication of the Canadian Bar Association