Karsten Wenzlaff, Advisor
August 26th, 2025
Crypto | Jan 15, 2026

Image: Freepik/fabrikasimf
On January 9, 2026, the Ontario Superior Court ordered Binance to pay $261,900 in legal costs after finding that its attempt to force a Hong Kong arbitration was abusive and aimed at intimidating Canadian investors. The ruling issued in Lochan v. Binance Holdings Limited, 2026 ONSC 194 didn't decide whether Binance ultimately violated securities law, but it delivered a clear rebuke of litigation tactics designed to undermine a certified Canadian class action.
The case was brought by Christopher Lochan and Jeremy Leeder, two Canadian investors acting as representative plaintiffs on behalf of other Canadians who used Binance’s platform. They allege that Binance allowed Canadians to trade crypto products that fall under Ontario securities law without registering or providing a compliant prospectus, contrary to the Ontario Securities Act.
NCFA first covered the lawsuit when Canadian investors led a class action against Binance Canada, highlighting why the case raised broader questions about how crypto platforms operate in Canada. The Ontario court later certified the case as a class action in 2024, allowing it to proceed on behalf of affected users rather than as individual claims.
Binance attempted to block the lawsuit by relying on an arbitration clause in its standard user agreement that required disputes to be resolved in Hong Kong. Ontario courts rejected that strategy. In 2023, the court found the clause unenforceable, concluding that the cost and structure of the arbitration process would make it unrealistic for ordinary Canadians to pursue claims and would place Binance beyond the reach of Canadian courts.
NCFA later examined this turning point in Ontario court blocks Binance’s costly arbitration clause. Those findings were upheld on appeal, confirming that the arbitration clause was void as contrary to public policy.
Despite those rulings, Binance later began arbitration proceedings in Hong Kong through a related offshore entity. That arbitration targeted Lochan and Leeder personally and claimed they breached their contract simply by starting the Ontario lawsuit.
The court found that the offshore entity was an alter ego of Binance and that the arbitration was a direct attempt to sidestep earlier Ontario decisions. In 2025, Justice Morgan issued an anti-suit injunction restricting Binance and its affiliates from continuing the Hong Kong arbitration.
As Justice Morgan put it,
“That approach by the Defendants appeared to me to have been aimed not at building a meritorious argument, but at, frankly, scaring the Plaintiffs away from their claim.”
In January 2026, the court said Binance’s conduct crossed a line. The judge found that the company used litigation tactics that were abusive and unfair, and that they exposed the representative plaintiffs to personal financial risk simply for bringing a certified class action on behalf of other Canadians.
Although the court hearing itself was brief, the judge made clear that the work behind it was not. The plaintiffs had to respond quickly to a complicated cross-border legal move that threatened to derail a case the court had already approved to proceed. Because of that effort, the court ordered Binance to pay $261,900 to cover the plaintiffs’ legal costs.
The Ontario court's decision draws a clear line for global fintech and crypto platforms operating in Canada. Once a Canadian court takes jurisdiction, companies are expected to deal with the case directly and in good faith. Contract clauses and offshore tactics cannot be used to pressure individual plaintiffs or shut down class actions.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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