Ontario Court releases merits decision in medical malpractice class action
After years of litigation, a medical malpractice class action has been decided on its merits. On September 15, 2021, the Ontario Superior Court released its common issues trial decision in Levac v. James, 2021 ONSC 5971. The class action resulted in the plaintiff achieving complete success a…
View the post titled Ontario Court releases merits decision in medical malpractice class actionFirst reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank
In Dufault v Toronto Dominion Bank, 2021 ONSC 6223, the Ontario Superior Court considered the sequencing of pre-certification motions under s. 4.1 of the amended Class Proceedings Act for the first time. The amendment provides as follows: Early resolution of issues 4.1 If, before the hearing…
View the post titled First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion BankSue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, uph…
View the post titled Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claims
In Badesha v Cronos Group, Justice Morgan denied the plaintiff’s motions for leave to proceed with statutory misrepresentation claims under Part XXIII.1 of the Ontario Securities Act (“OSA”) and for certification pursuant to the Class Proceedings Act, 1992. The case raises interesting questi…
View the post titled Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claimsSponsorship applications: Parents and Grandparents Program 2021
The COVID-19 pandemic has been especially challenging for those Canadians whose parents and grandparents are foreign nationals living outside Canada. Many Canadian citizens and permanent residents attempted to apply to sponsor their loved ones in 2020 but were unsuccessful in obtaining invit…
View the post titled Sponsorship applications: Parents and Grandparents Program 2021Are COVID-19 unemployment payments deductible from wrongful dismissal damages?
When the COVID-19 pandemic led to widespread layoffs in Q2 2020, the Canadian government introduced the unprecedented Canada Emergency Recovery Benefit (or “CERB”). CERB was retired in September 2020 and was replaced with (among other things) the EI Emergency Response Benefit (“EI ERB”) and …
View the post titled Are COVID-19 unemployment payments deductible from wrongful dismissal damages?Privacy policies: Why are they important?
If you operate an online platform–be it a website or a mobile app–you probably also collect, use, or disclose personal information. If so, you are required to have a privacy policy[1]. Privacy policies explain to your patrons what data you collect, why you collect that data, how that data wi…
View the post titled Privacy policies: Why are they important?COVID-19 temporary layoffs: Not constructive dismissal after all?
Throughout the COVID-19 pandemic, many employers have been forced to temporarily lay employees off because of unexpected business disruptions and/or shutdowns. After over a year of media articles, commentary and legal webinars, employers are likely aware that a temporary layoff is presumptiv…
View the post titled COVID-19 temporary layoffs: Not constructive dismissal after all?Securities regulators target Poloniex, an unregistered cryptocurrency exchange
Canadian regulators have escalated their confrontation with unregistered Crypto-Platforms.1 On May 25, 2021, the OSC issued a Notice of Hearing and Statement of Allegations2 accusing Polo Digital Assets, Ltd., a Crypto-Platform operating under the name Poloniex, of registration and disclosur…
View the post titled Securities regulators target Poloniex, an unregistered cryptocurrency exchangeJohn R. Kennedy, Long-Term Partner and Friend
Siskinds is deeply saddened to have lost our dear friend, valued partner and colleague John Kennedy on Sunday, May 16, 2021. Graeme Sperryn, a partner of John’s in the Business Law Group, writes: John will be greatly missed by all who knew him. He was larger than life, an indefatigable optim…
View the post titled John R. Kennedy, Long-Term Partner and FriendReceive Blog Posts
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