Lochan. v. Binance Holdings Limited
CHRISTOPHER LOCHAN
JEREMY LEEDER
BINANCE HOLDINGS LIMITED
BINANCE CANADA CAPITAL MARKETS INC.
BINANCE CANADA HOLDINGS LTD.

Facts: Christopher Lochan and Jeremy Leeder initiated a class action against Binance for selling crypto derivatives to Canadians without proper registration or disclosures. Binance sought to stay the proceedings, advocating for arbitration as stipulated in their digital agreement with users.

Issues: The court examined whether the arbitration agreement was valid and enforceable or void due to unconscionability or public policy concerns, considering the cost and accessibility of arbitration in Hong Kong for Canadian claimants.

Court's Ruling:

  • The court found the arbitration agreement unenforceable on public policy grounds, noting the high costs of arbitration in Hong Kong could effectively prevent small investors from pursuing claims.
  • The agreement was also deemed unconscionable due to the significant imbalance in bargaining power and lack of transparency in the arbitration process.
  • The court dismissed Binance's motion for a stay, allowing the class action to proceed in Ontario.

Costs/Damages: The court did not specify immediate costs or damages but allowed for written submissions on the matter.

Superior Court of Justice - Ontario
CV-22-00683059-00CP
Class actions
Plaintiff