News & Publications

Month: November 2017

Class Actions Team Ranked in Band 1 in Chambers Canada 2019

Written by on September 24, 2018.

The class actions team at Siskinds LLP has been ranked in the top band of the Chambers Canada 2019 guide, issued by international legal research organization, Chambers and Partners. Also of notable achievement was the inclusion of four partners who were recognized for their individual stature in the field of class actions. Commentary from the guide includes the following accolades for these partners: Charles Wright is considered one of the "most effective business people" in the Canadian p...

Cannabis Retail in Ontario: Franchising as a Business Model

Written by on September 21, 2018.

In the wake of federal plans to legalize recreational cannabis use,[1] the Western Provinces announced licensing schemes for private sale. A number of cannabis companies, such as Canndara, Spiritleaf, and Starbuds, began the process of organizing franchise systems with a view to exploiting this new market. In Ontario, the former Liberal government had spurned the approach of the Western Provinces in favour of a public monopoly. In June 2018, that government was ousted by Doug Ford’s Progressiv...

DIY investors fight back against trailer fees

Written by on September 17, 2018.

Trailing commissions (also known as trailer fees) are intended to compensate mutual fund dealers, such as discount brokers, for investment advice they provide to investors. However, discount brokers are prohibited from providing investment advice under the law. Siskinds LLP is pursuing claims on behalf of retail investors who have paid trailing commissions on mutual funds held in discount brokerage accounts. In this 3 minute CBC report, watch Steve Pozgaj’s story about paying almost $5,000 ...

Recent Developments in Securities Class Actions: Pre-Certification Jurisdictional Challenges

Written by on September 14, 2018.

Today, capital markets are essentially borderless. Stock exchanges with physical trading floors have become an anachronism. Electronic transactions are the norm. With the click of a button, Canadian investors can buy and sell securities of foreign companies on foreign stock exchanges. But what happens when a Canadian investor loses money on their investment because the foreign company did not give them proper disclosure of facts that impact the value of the company’s securities? Are they en...

1st Annual Breakfast With Tiffany’s

Written by on September 13, 2018.

This morning, Siskinds LLP partner Rasha El-Tawil will be sharing her story and insights on the value of sponsorship and empowering woman advocates at The Advocates' Society inaugural Breakfast with Tiffany’s networking breakfast for women advocates.

Goodbye, Backlogs; Hello, Agency Class Actions

Written by on September 11, 2018.

Government agencies across Canada are struggling to process a growing backlog of claims.   Few agencies are immune.  In April 2018, an independent review concluded that Canada’s refugee determination system is dealing with a surge in claims that it is ill-equipped to manage.  In December 2017, the media reported on the skyrocketing volume of veterans disability claims waiting in queue. The usual fixes are proposed:  More time, more money, more staffing.  But a promising alternative ma...

Changes to the Child, Youth and Family Services Act (CYFSA)

Written by on September 07, 2018.

A change has occurred this year in Ontario which impacts the delivery of child welfare services to children, youth and families. The Child, Youth and Family Services Act (CYFSA) came into force on April 30, 2018, with Part X scheduled to come into force in January 2020. The Child, Youth and Family Services Act (CYFSA) puts children and youth at the centre of decision making and supports more responsive and accessible service delivery to children, youth and families. Effective January 1, 20...

Franchise rescission no relief from loan obligations

Written by on August 31, 2018.

Last week, Perell J. granted summary judgment to the Royal Bank of Canada (“RBC”) for indebtedness owed by Everest Group Inc. (“Everest”), a franchisee which had sought to rescind its franchise agreement.[1] Perell J. refused to require the bank to forebear exercising its rights until the franchisee could be refunded amounts claimed in accordance with the rescission. In late 2015, Everest entered into a franchise agreement with Paramount Fine Foods to operate a restaurant at Yorkdale ...

Divisional Court overturns Ontario Labour Relation Board’s certification of construction bargaining unit integral to telecommunications

Written by on August 29, 2018.

In a significant victory for employers engaged in construction work in federally-regulated sectors, the Divisional Court in Labourers’ International Union of North America, Ontario Provincial District Council v Ramkey Communications Inc [1]has overturned an Ontario Labour Relations Board (“OLRB”) decision suggesting that all contractors performing construction work were subject to provincial labour relations laws, regardless of how vital, essential, or integral that work was to the federal...

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 ...