News & Publications

Month: June 2013

Guardianship Applications under the Children’s Law Reform Act

Written by on July 15, 2018.

A minor is considered to be a person under the age of eighteen years. In Ontario, a parent is automatically the guardian of the person of his or her minor child.[1] However, a parent is not automatically the guardian of property of his or her minor child.[2] In certain circumstances, a parent can receive the authority to manage the finances of his or her child by statute, court order, or other document, such as a Will or life insurance policy. Where an adult person does not have the legal aut...

Holding listed issuers to their word – for now anyway… Developments from the UK Court of Appeal on parent company liability for impacts abroad

Written by on July 13, 2018.

Last year I wrote about a feature of the decision of the English and Wales High Court of Justice in HRH Okpabi v Royal Dutch Shell Plc[i], a case where residents of the Niger Delta brought a claim in negligence against Royal Dutch Shell (RDS), an issuer incorporated in England and listed on the LSE, and its Nigerian operating subsidiary, Shell Petroleum Development Company of Nigeria Ltd. (SPDC). The Nigerian plaintiffs sought damages for losses allegedly caused by oil spills from the defenda...

A good day for do-it-yourself investors: The CSA proposes to prohibit the payment of trailing commissions to discount brokers

Written by and on June 27, 2018.

On June 21, 2018, the Canadian Securities Administrators (“CSA”) released a Status Report on their ongoing investigation into embedded commissions in the mutual fund industry. “Embedded commissions” is the term used to describe the practice of mutual fund managers compensating dealers (and their representatives) for mutual fund sales by way of commissions, as opposed to the investor paying the dealer directly. Embedded commissions include sales charges and trailing commissions. Traili...

School’s Out: Play it Safe in Summer

Written by on June 25, 2018.

The Solstice was last week, Summer is here!!! That also means that School ends, and Summer Activities begin. Now, our pools, parks, patios and more are open and ready for enjoyment and gatherings. The increase of outdoor activities means more fun to be had, but also should mean a heightened awareness of best safety practices during outdoor activities like swimming, biking, camping, and other sports. Swimming Safety Swimming is a fun activity the whole family can enjoy, but caution is paramo...

Legalization of marijuana, set to take effect by October 17, 2018

Written by on June 20, 2018.

Canadian employers should be ready for the legalization of marijuana, set to take effect by October 17, 2018. The Senate voted to pass the Liberal government’s Bill C-45 on June 19, 2018 and today, Prime Minister Justin Trudeau announced the October 17, 2018 date, which allows the provinces and territories some time to implement distribution and sale laws. For more information on what impact that this has for your organization, you can read more at: Dazed and Confused: Marijuana in t...

CTV News Interviews Bridget Moran about ReproMed Fertility Class Action

Written by on June 19, 2018.

CTV News interviews Siskinds LLP’s Bridget Moran for the ReproMed Fertility class action. Watch the full interview here. For more information or to join the class action, visit our web page: http://siskinds.com/repromed

ReproMed Fertility

Written by on June 18, 2018.

Siskinds LLP has filed a proposed class action relating to the malfunction of a cryogenic storage tank at a fertility clinic in Etobicoke, Ontario. The lawsuit alleges that on or about May 22, 2018, there was a malfunction in a cryogenic storage tank manufactured by Chart Industries, Inc. and located at ReproMed – the Toronto Institute for Reproductive Medicine. As a result of the malfunction, the eggs and embryos stored in the storage tank are no longer viable. The proposed class action...

Update: SCC Grants Leave to Appeal on Umbrella Purchaser Issue

Written by on June 18, 2018.

A recent hot topic in price-fixing class actions has been whether so-called “umbrella purchasers” have a cause of action. See our recent articles here and here. Umbrella purchasers are individuals who purchased the affected product from  non-conspirator manufacturers. In support of umbrella purchaser claims, plaintiffs argue that cartel members dominated  the relevant market to such an extent that they were able to drive up prices across the entire market. As a result, non-conspirator manu...

BMO and Simplii Financial Privacy Breach

Written by on June 15, 2018.

Siskinds LLP and JSS Barristers commenced a proposed class action against Canadian Imperial Bank of Commerce (“CIBC”) and a proposed class action against Bank of Montreal (“BMO”). The proceedings, filed in the Ontario Superior Court of Justice, arise from the recently disclosed cybersecurity breaches involving CIBC’s direct banking division, Simplii Financial, and BMO. According to the defendants, the data breaches resulted in the theft of sensitive personal information of up to 40,000...

Raymond Leach Speaking at Straight from the Bench – June 14

Written by on June 12, 2018.

Siskinds partner Raymond Leach will be speaking at the 13th Annual Straight from the Bench Conference on June 14th. Raymond will participate in a panel discussion on estoppel and constructive trusts with The Honourable Mr. Justice Ian Leach, Anne Marie Frauts of Frauts Dobbie, and Lou Anne Farrell of Ferguson Patterson PC. The conference is taking place at the London Convention Centre, from 9:00 a.m. to 5:00 p.m. The agenda is fully loaded this year and contains EDI hours in addition to CPD hou...