News & Publications

Month: March 2017

A Costly Lesson in How Not to Conduct a Workplace Harassment Investigation

Written by on November 14, 2017.

It seems that everywhere we look these days, sexual harassment is on the radar – whether in Hollywood, the CBC or in our own workplaces. Recent changes to Ontario’s Occupational Health and Safety Act now require investigations to be conducted by employers into all incidents or complaints of harassment. In a decision released by the Ontario Court of Appeal in October of this year, an employer received a costly lesson on ignoring claims of workplace harassment and conducting an inept harassmen...

Securities Fraudsters to the SEC: Can We Have Our Money Back?

Written by on November 13, 2017.

Canadian class action litigators have the reputation of being more cautious than their neighbors to the south.  It's a reputation surely bolstered by a recent example of colossal chutzpah where acknowledged fraudsters launched an American securities class action to recover their ill-gotten gains. The American Supreme Court seems to have stoked the fires when it published a tantalizing footnote in a recent securities law opinion, Kokesh v. SEC, 137 S. Ct. 1635 (2017).  Kokesh was a unanimous...

Securities Disclosure and the Direct Liability of Parent Companies at Common Law

Written by on November 13, 2017.

In this post, I am canvassing a topic that has been the subject of passing comment by others, but which remains an unconsidered and unresolved issue in Canadian transnational tort cases. The issue is this: in considering whether a parent company owes a duty of care to a third party affected by the operations of a subsidiary, is there a principled reason why continuous disclosure statements made by the parent company should not be weighed? Earlier this year, the London High Court in HRH Okpabi...

What do the New Extended EI Parental Benefits Mean for Employers? Are you Ready for December 3rd?

Written by on November 10, 2017.

She's having a baby! In March 2017, the federal government announced its intention to extend employment insurance parental benefits to 18 months. This change takes effect on December 3, 2017. While many Canadian employers are not thrilled with this change, it's not all bad news. Same Total Maximum EI Benefits Parents currently receive up to 50 weeks of employment insurance benefits when they take time off work because of pregnancy, childbirth or adoption. The maternity benefit - paid...

Video Testimonial – Insurance

Written by on November 09, 2017.

Our client suffered from double pneumonia, causing her to take time off work due to the pressure in her chest. The insurance company limited her compensation. Civil litigation lawyer, Dagmara Wozniak, provided the legal support that our client needed to feel comfortable in the court room. She tells her story here: https://www.youtube.com/watch?v=vbtoOEmfsIo&feature=youtu.be [embed]https://www.youtube.com/watch?v=vbtoOEmfsIo&feature=youtu.be[/embed]

Federal Government Releases Report on Harassment and Sexual Violence in the Workplace

Written by on November 06, 2017.

Recently, the federal government released the results of a year-long series of consultations with unions, employer organizations, federal government departments and agencies, academics, and advocacy groups on the subject of workplace harassment and violence. The consultation process also involved a public online survey, with over 1200 respondents providing information. The Report, titled “Harassment and Sexual Violence in the Workplace Public Consultations: What We Heard”, includes anecdo...

Upcoming AODA Deadlines and Workplace Related Requirements to Date

Written by on November 01, 2017.

As the end of the year approaches, and with it the deadline for many businesses to file their Accessibility Compliance Report, it seems as good a time as any to review the Accessibility for Ontarians with Disabilities Act (the “AODA”) and confirm your organization’s compliance. More on that in a minute. Assuming your business is totally up to date on your AODA obligations, don’t forget that two more deadlines are coming up: By December 31, 2017, all larger organizations (20+ empl...

Report from Relativity Fest 2017

Written by on October 31, 2017.

Members of our e-Discovery group recently attended Relativity Fest in Chicago.   This annual four day conference is hosted by the legal software company Relativity and is attended by over 2000 people in the legal tech industry. Siskinds uses Relativity to manage large document collections exchanged during the litigation process.   While a software conference may not sound like a good time, we love it and look forward to it every year. The key takeaways from Relativity Fest centered on imp...

Linda Visser Quoted in The Lawyer’s Daily About Price Fixing Case

Written by and on October 26, 2017.

Linda Visser was interviewed by the Lawyer's Daily this month to provide insight into Airia Brands Inc. v. Air Canada, a price fixing case. Read the full article here.  

The Court of Appeal for Ontario Provides Welcome Clarity on Certification of International Classes

Written by on October 26, 2017.

The Court of Appeal for Ontario released its much-anticipated decision in the Airia Brands Inc. v. Air Canada air cargo price-fixing litigation last week. The Court was asked to determine the test for jurisdiction over non-resident class members and whether the test was met in this case. Siskinds LLP acted for the Plaintiffs/Appellants (non-resident class members), who prevailed on appeal. Background In 2006, the Appellants commenced a proposed class action alleging that the Respondent ai...