News & Publications

Month: August 2013

Tech firms must follow Canadian anti-spam laws

Written by on August 14, 2018.

Two tech companies were recently fined a total of $250,000 for the installation of malicious software through online ads. The case is the first where firms were fined by the Canadian Radio-Television and Telecommunications Commission (CRTC) for breaching Canada's Anti-Spam Legislation (CASL) sending the message that the federal agency is checking on tech firms to determine if they are in compliance with the country's anti-spam laws. Read the full article featuring Siskinds partner Peter ...

Will They or Won’t They? Ontario’s new government and the WSIA

Written by on July 30, 2018.

Since the Ontario Liberal government amended the Workplace Safety Insurance Act (“WSIA”) in April, there has been some confusion about who bears the responsibility for workplace injuries to temporary agency workers: the agency, or its client employer. On April 6, 2018, the Liberals amended the WSIA to include the new section 83(4), which allows the Lieutenant Governor in Council to make regulations imposing the responsibilities and costs of an injury suffered by a temporary help agency wo...

What is a Qualified Disability Trust?

Written by on July 24, 2018.

The Qualified Disability Trust (QDT) was created in 2016 to temper changes to the tax rules for testamentary trusts (trusts set up by a Will). All testamentary trusts used to benefit from the graduated tax rates, however this was changed to tax all testamentary trusts at the top marginal rate. The QDT is an exception to the new rule that all testamentary trusts are taxed at the top marginal rate. A QDT now has access to the graduated tax rates that previously applied to all testamentary trusts. ...

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...