Cartel & Bui appears in 200-million-dollar class action at Federal Court

Cartel & Bui appeared before the Federal Court in a $200-million class action lawsuit involving an alleged conspiracy over a software platform for real estate transactionsthat leads this week’s roundup.. McCarthy Tétrault represented an international company ordered to wind up its business and a proposed class action against the federal government relating to residential schools also was before the court, with the latter featuring Fulton & Company, Peter Grant & Associates, and Phillips Gill representing the class representative plaintiffs.

The Federal Court heard a proposed class action filed against Dye & Durham Limited, Omers Infrastructure Management Inc., and DoProcess LP. These companies allegedly conspired with each other to fix and control the price for the supply of a software platform which facilitates the closing of real estate transactions. The plaintiffs claimed damages in the amount of $200 million. Cartel & Bui LLP acted on behalf of the representative plaintiffs, John Paul Inarra, Kyle Pinnell, Paul Tantalo, and 5046013 Ontario Inc.

McCarthy Tétrault LLP appeared in court on behalf of China Mobile Communication Group. The company filed an application for judicial review of an order requiring it to either divest itself entirely or wind up its Canadian business because it may be injurious to national security following a referral by the Minister of Innovation, Science, and Industry.

Nelligan O’Brien Payne LLP acted on behalf of Canada Mortgage and Housing Corporation (CMHC) in an action involving unjust dismissal filed by a former employee, Gabriel Fono. An adjudicator ordered CMCH to pay Fono $45,000 in aggravated damages as a result of CMCH’s delay in providing his performance review and for dismissing Fono without informing him that he was dismissed from employment because of CMHC’s suspicion about dishonest activities, while he was on medical leave and for allegedly inappropriate sexual comments. CMHC contested the award, arguing that the adjudicator made an error in law in determining that an award of aggravated damages was warranted under the circumstances.

Another proposed class action was filed by the Sechelt Indian Band and Tk’emlups Band, alleging that the federal government breached its fiduciary duty when it established, funded, and operated residential schools that caused cultural, linguistic, and social damage and irreparable harm to Indigenous communities.  The class representative plaintiffs were represented by Fulton & Company LLP, Peter Grant & Associates, and Phillips Gill LLP.

In another action brought under aboriginal law, Phillips & Co. acted on behalf of the Elders Oyate Committee of Standing Buffalo Dakota Nation. The elders claimed that the Election Act of 1998 continues to govern the election of chief and council of their First Nation community. They sought for an injunction to restrain the conduct of a referendum to amend the election act.

Stockwoods LLP acted for Wenger SA in a trademark expungement action against Travelway Group International Inc., which was represented by Robic LLP.

In suits involving copyright infringement, Cassels Brock & Blackwell LLP represented Gillyboo Corporation, Aird & Berlis LLP acted for Millennium Funding Inc., McCarthy Tétrault LLP appeared on behalf of Bell Canada, and Osler Hoskin & Harcourt LLP acted for Arkipelago Architecture Inc.

Under patent infringement actions, some of the notable firms and companies that appeared in court this week include Smart & Biggar for The Noco Company, Norton Rose Fulbright for Canadian Tire Corp Ltd., Gowling WLG for Farmobile LLC, McCarthy Tétrault LLP for Farmers Edge Inc., Lenczner Slaught LLP for Gilead Sciences Inc, and Goodmans LLP for Apotex Inc.

In the area of immigration and refugee law, the firms that appeared in court this week include Pax Law Corporation, Mamann Sandaluk & Kingwell, Waldman & Associates, and Levine Associates.