News & Publications

Month: May 2018

Neonicotinoids Case Proceeds

Written by on May 22, 2018.

In July 2016 The David Suzuki Foundation, Ecojustice, Friends of the Earth, and the Ontario Nature and Wilderness Committee collectively filed an application requesting that the Federal Court declare that Canada’s Pest Management Regulatory Agency’s (“PMRA”) practice of registering neonicotinoid pesticides for use in Canada without being provided the supporting scientific information is unlawful. The environmental groups argue that PMRA’s course of conduct in initially registering a...

Back to the Future – Public Holiday Changes Reversed

Written by on May 09, 2018.

As we wrote in January, recent changes to the Employment Standards Act, 2000 (the “ESA”) under Bill 148 included a new method for calculating Public Holiday Pay. However, after widespread criticism from employers, the Ontario government announced Monday that it would be conducting a review of the Public Holiday Pay system. Pending this review, as of July 1, 2018, the former system for calculating Public Holiday Pay will be reintroduced. The government has already passed the Regulation effect...

Facebook Privacy Breach Class Action

Written by on May 03, 2018.

Siskinds' class action lawyer Sajjad Nematollahi was interviewed for an article in The Toronto Star on May 2 regarding the class action that has been initiated regarding Facebook's alleged privacy breach. Read the full article here. To learn more about this class action, click here.

Facebook Privacy Breach

Written by on May 02, 2018.

Siskinds LLP has filed a proposed privacy breach class proceeding against Facebook, Inc. and Facebook Canada Ltd. arising from the improper collection and disclosure of user information to the political consultancy firm, Cambridge Analytica, and its related entities. The class action has been brought on behalf of all Canadian residents whose Facebook information was shared with Cambridge Analytica, and it claims general, compensatory and punitive damages on behalf of affected individuals. Acc...

And there’s more! New employer obligations, that is.

Written by on May 02, 2018.

In its flurry of pre-election legislation, the Ontario government has now passed the Pay Transparency Act, 2018 into law. As of January 1, 2019, employers will have new obligations and restrictions when hiring new employees. All employers will be: prohibited from asking a job applicant about their previous compensation history required to include information about the expected range of compensation in job postings prohibited from intimidating, dismissing or other penalizing employ...

Marriage: Divorce or Annulment in Family Law?

Written by on May 01, 2018.

I recently spoke to someone who had legally married a few months prior. This person explained that once married, she and her new spouse did not live together as husband and wife. They did not consummate their legal union; meaning they did not have sexual intercourse after they married.    The client asked how could they proceed to end their marriage. Should they have the union annulled or should they proceed to get a divorce? A very interesting question because there is difference between ...

Competing Class Actions: The Unsettled Law of Carriage Motions

Written by on April 24, 2018.

Class counsel trying to predict the outcome of a carriage motion has little to learn from two recent decisions by the Ontario Superior Court of Justice. Carriage motions are unique to class actions.  They arise when multiple class actions are filed for what is essentially the same case and counsel are unwilling to work together.  In these circumstances, the court is asked to determine which counsel (or counsel group) will have “carriage” of the class action. Courts are supposed to gr...

Legal Considerations for Start-Ups

Written by on April 18, 2018.

Introduction “Starting companies is a lot like launching rockets: if you’re a tenth of a degree off at launch, you may be a thousand miles off downrange” – Craig Johnson One of the most common mistakes start-ups make is not seeking legal advice when founding their company. While financial resources may be strained during the start-up phase of a business, having a solid legal foundation in place can help avoid major (and expensive) headaches down the line. Here are some important legal ...

Paula Lombardi to Speak at OBA Professional Development Program

Written by on April 16, 2018.

On Thursday, May 3 at 8:30am, join Paula Lombardi, environmental lawyer at Siskinds, for a professional development session at DoubleTree by Hilton London Ontario, led by the Ontario Bar Association. Paula will be leading a discussion on the topic, Environmental Contamination for the Transactional Lawyer: A Way Through the Maze. This presentation can be experienced in person or via webcast. For more information and to register, click here.

‘Predator’ Spouse, Take Note of Hunt v. Worrod

Written by on April 10, 2018.

Predatory marriages have drawn a lot of attention in recent years. They are believed to be on the rise. For families with single, elderly family members, this phenomenon is alarming. For Ontario’s estate litigators, the governing legal principles are infuriating. Too often in the past, the predatory spouse has prevailed because the common law offers limited recourse; that is, until Hunt v. Worrod.[1] Released in December 2017, Hunt v. Worrod may just have changed the legal landscape of predato...