News & Publications

Month: February 2018

Video Testimonial – Motor Vehicle Accident

Written by on February 22, 2018.

Following a motor vehicle accident, our client suffered various injuries that hindered her ability to work. When the insurance company denied her claim, she met Chris Collins. Chris provided the legal help she needed to continue to heal properly. Now, our client recommends Siskinds and Chris to anyone who needs a lawyer. She tells her story here: [embed][/embed]  

Is Your Franchise Disclosure Document Up to Date?

Written by on February 21, 2018.

Franchise legislation in Canada (BC, Alberta, Manitoba, Ontario, New Brunswick and PEI) requires the information contained in a franchisor’s disclosure document (“FDD”) to be updated at various times. Follow these steps to ensure that your document is up-to-date: A franchisor needs to ensure that certain information, such as its list of franchisees, is current as of the date of the FDD. This means that, every time the FDD is updated, the list should be too. There is certain inf...

Financial Exploitation and Elder Abuse

Written by on February 21, 2018.

What is Elder Abuse? [1] Several millennia have passed since, according to the Book of Genesis, Jacob and his mother, Rebecca, conspired to trick Isaac who was, according to biblical scholars, by then an ailing and blind 130 year old man. They tricked him into believing that Jacob was his brother, Esau, thereby securing for Jacob an inheritance that was to go to Esau. Things worked out rather well for Jacob, what with his 12 sons, one of whom, with his multi-hued coat, inspired a musical. Thin...

The Role of Class Actions in Price-Fixing Enforcement

Written by on February 21, 2018.

Introduction I’ve spent my legal career acting for plaintiffs in price-fixing class actions, a somewhat obscure niche which, until recently, simultaneously confounded and fascinated most people I met. Last fall, the Canadian Competition Bureau raided the offices of several major grocery chains, investigating a fourteen-year price-fixing conspiracy affecting bread prices. This aroused the public’s interest in price-fixing, illegal cartels, and the related criminal and civil legal processes...

Will My Family and Friends be Affected if I Sue?

Written by and on February 13, 2018.

Introduction Personal injury plaintiffs are often concerned about the implications that starting a lawsuit will have on their loved ones. This concern should never prevent an injured party from pursuing their claim. Outlined below are the different roles friends and family members may play in a personal injury lawsuit. Direct Involvement In some cases, family members of the injured claimant will be named directly in a personal injury lawsuit. The two circumstances in which this may occur are:...

Video Testimonial – Motorcycle Collision

Written by on February 07, 2018.

Our client was driving a motorcycle when he collided with a car at an intersection. His active lifestyle changed immediately, and he knew he needed legal help. After receiving a recommendation to hire a personal injury lawyer, our client connected with Jim Mays. Jim provided the legal assistance he needed, and our client was very satisfied. He tells his story here: [embed][/embed]

Qualcomm Incorporated (Inflated Prices for Cellular Devices)

Written by on February 07, 2018.

This action seeks damages and other relief on behalf of Canadian purchasers of cellular devices (such as cell phones and tablets) that use modem chips. Modem chips are semi-conductor devices that enable cell phones and other devices to connect to cellular networks operated by providers such as Rogers and Bell. The class action alleges that Qualcomm Incorporated engaged in anti-competitive, unreasonable, unfair, discriminatory, and bad faith conduct in the Modem Chip market since January 1, 20...

Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis

Written by on February 07, 2018.

The recent decision in Seepa v Seepa, 2017 ONSC 5368 contains observations that may have an impact on future Will challenges under Rule 75.06 of the Rules of Civil Procedure and in particular, on the materials that must be placed before the court in the “Motion for Directions”, which typically initiates a Will challenge. The parties were the two children of the deceased. The deceased had created a new Will not long before she passed, and she left the residue of her Estate to her young...

Follow the Bouncing Ball: Enforcing Termination Provisions

Written by on February 07, 2018.

Employers need some good news these days, with rising minimum wages, employee-friendly changes to many employment standards, and let’s not even mention the stock market. So I’m happy to share the decision of the Ontario Court of Appeal in Nemeth v. Hatch Ltd. in which a very simple termination provision was upheld. Mr. Nemeth had been employed by Hatch Ltd. for just over 19 years when his employment was terminated without cause. The termination provision in his employment contract sai...

What Does it Take to be a Representative Plaintiff in a Class Proceeding?

Written by on February 05, 2018.

In most class actions, class counsel represent class members in Court.  One class member, the “representative plaintiff,” has important responsibilities with special duties to absent class members. Ontario’s class proceeding legislation requires that each class action have a representative plaintiff who: (i) would fairly and adequately represent the interests of the class; (ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on beh...