News & Publications

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 ...

Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.

Written by on July 17, 2017.

"Get those coming up from under! Los de Abajo! Get the underdogs!" [i] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[ii] I can only assume the plaintiff farmer, Adolfo Garcia, and his remaining co-plaintiffs, must be feeling some satisfaction; perhaps, similar to that of the farmer-turned-revolutionary, Demetrio Macías, in the early ...

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...

Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients

Written by on July 14, 2017.

Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein [1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement.  Siskinds LLP is counsel to the class members. The decision clarifies the circumstances under which an auditor may owe a duty of care to persons other than its clients. Background This was a motion for summary judgme...

Québec – New Code of Civil Procedure – Experts

Written by on July 12, 2017.

On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for lawyers and judges. In order to better understand the key sections of the NCCP and the potential impacts on cases, we will periodically provide some insights. Today’s feature is experts. Quebec Code of Civ...

Public Hearings Regarding the Fair Workplaces, Better Jobs Act, 2017, in London on July 17

Written by on July 11, 2017.

Bill 148, the Fair Workplaces, Better Jobs Act, 2017, is currently working its way through the Ontario legislature and, if passed into law, would impose many new obligations on employers. For more details on those changes, please see our previous blog posts on the subject. Bill 148 is in the “committee stage” of the legislative process, and the Standing Committee on Finance and Economic Affairs is currently holding public consultations to receive input on the proposed legislation. Hear...

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...

Linda Visser Quoted in Law Times about Umbrella Purchaser Claims

Written by and on June 19, 2017.

Linda Visser was interviewed by the Law Times last month to get her views on the recent Divisional Court decision, Shaw v LG Chem Ltd. Read the full article here.