News & Publications

Publications

Best Lawyers Canada

Written by on August 22, 2017.

Siskinds is happy to extend congratulations to Charles Wright of class action litigation, Henry Berg of corporate law, Jim Virtue of insurance law, Andre Michael of medical negligence, and Jim Mays of personal injury litigation for their recognition in this year's edition of Best Lawyers Canada. Thank you for the hard work and dedication that earned this recognition. For more than 30 years, this list has used peer review to recognize the most outstanding lawyers in 145 practice areas. The...

EU-US Privacy Shield Framework – Does it Apply to Your Business?

Written by on August 21, 2017.

Background In late 2015, the highest court in the European Union invalidated the Safe Harbor data-transfer framework that ruled over the transmission of personal data between the EU and U.S. for approximately 15 years. The European Court of Justice held that the U.S. government’s repeated and surreptitious access to the data of EU residents violated EU privacy rules and invalidated the agreement. In response, the European Commission and the U.S. Government negotiated a new framework for tr...

Canada Consumer Product Safety Act – Does it Apply to Your Business?

Written by on August 18, 2017.

The Canada Consumer Product Safety Act (“CCPSA”) has the stated purpose of protecting the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those products that are imported.[1] The legislation defines a “danger to human health or safety” as an unreasonable hazard, either existing or potential, that is posed by a consumer product during its use or as a result of its normal or foreseeable use that may have an ad...

Medical Negligence – What can a medical negligence action accomplish?

Written by on August 04, 2017.

Many individuals who have suffered an adverse event within the health care system may consider pursuing a medical negligence action. For information and a discussion on what constitutes a medical negligence action, please refer to our previous article, which can be accessed here. Within this article, the purpose of a medical negligence action will be discussed. When contemplating commencing a medical negligence action, individuals and their families may wonder: What can be accomplished in a...

Concerned About Bill 148? Have Your Say By This Friday

Written by on July 18, 2017.

Yesterday, the Standing Committee on Finance and Economic Affairs’ tour of Ontario hit London to hear from the public on the changes to labour and employment legislation proposed in Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Throughout the day, the Committee considered oral presentations from nineteen parties, the majority of whom spoke on behalf of unions, community services, and the farm and food processing sector, and expressed concerns from an employee perspective. The full agen...

Québec – New Code of Civil Procedure – Tolling Agreements

Written by on July 18, 2017.

We continue to explore the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is tolling agreements. Based on the Civil Code of Quebec, tolling agreements aimed at suspending limitation by agreement are not possible in Quebec: 2883. Prescription may not be renounced in advance, but prescription which has been acquired or any benefit of time elapsed by which prescription has begun may be renounced. 2884. No prescriptive period other than that provided by law ...

Québec – New Code of Civil Procedure – Costs

Written by on July 17, 2017.

Here is the second installment of brief summaries relating to the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is costs. The cost regime in Quebec has always been favorable to the plaintiffs. The main difference with Common law jurisdictions is that in Quebec, legal fees are not included in the costs. There is jurisprudence that allows for a party to request the reimbursement of legal fees incurred but the proof of bad faith is required and it is very rarely...

Up in Smoke: An Update on Marijuana in the Workplace

Written by on July 05, 2017.

We are often asked to comment on what effect the proposed legalization of marijuana is likely to have on workplaces. As I noted last year, many employers already have experience with marijuana-related workplace issues, given that the drug has been used for medical purposes for some time. However, the legalization and resulting-wide spread availability of marijuana will almost certainly create more opportunities for it to enter into the workplace. Is It Legal Yet? No. On April 13, 2017, ...

The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts

Written by on June 26, 2017.

Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies and products to other members of Facebook and externally without her consent.  She alleged that Facebook’s activities violated British Columbia’s Privacy Act, RSBC 1996, c 373 (“Privacy Act”), wh...

Indecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment Contracts

Written by on June 19, 2017.

Asking existing employees to sign new employment contracts can be a sensitive topic.  Employees will undoubtedly wonder why they are being asked to do so.  Many will quite rightly assume that the employer’s main motive for having new contracts be signed is to protect the employer – not the employee.   Some will sign without issue, while others will refuse to do so.  Others may sign reluctantly, and perhaps feel some ongoing resentment towards the employer for being asked to do so.  Emp...