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Published on: 15 Oct 2019 By ,

Marriott Privacy Class Action: Ontario Court’s Decision on Carriage Paves the Way to Addressing the Problematic Multiplicity of Class Actions Across Canada

In a recent carriage decision, Winder v Marriott, 2019 ONSC 5766 (“Winder”), Siskinds LLP was appointed as Class Counsel of a national class proceeding out of Ontario against Marriott International, Inc., Luxury Hotels International of Canada, ULC, and Starwood Canada ULC on behalf of all Ca…

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Published on: 11 Oct 2019 By

Court: illegality of “for cause” termination provision in employment agreement does not taint distinct “without cause” termination provision

An Ontario summary judgment decision released October 3, 2019 has confirmed that an enforceable “without cause” termination clause is not unenforceable on the sole basis that, elsewhere in the employment contract, the “for cause” termination clause violates the Employment Standards Act, 2000…

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Published on: 9 Oct 2019 By

Advocate Daily: Google’s landmark win could set precedent for Canada

A landmark case from the European Union’s top court could spur Canada to create its own “right to be forgotten” laws, says cybersecurity lawyer Peter Dillon in a recent interview with AdvocateDaily.com. Click here to view the full article.

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Published on: 2 Oct 2019 By

Ontario court: purchaser in asset transaction cannot rely on release between employee and seller

“Privity of contract” is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights or obligations. But what happens when the employee of the seller of a business sues the buyer for wron…

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Published on: 1 Oct 2019 By ,

Private Placement Securities Litigation in Ontario

This has been the year of cannabis market sector scandals. Headlines have been thick and fast. Investor losses have been significant. A large part of the financing that facilitated the massive growth of the cannabis sector has been through the prospectus exempt issuance of securities (more c…

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Published on: 27 Sep 2019 By

Surface Water, Natural Watercourses, and Municipal Drains: A Brief Guide to Drainage Rights in Rural Ontario

Do you have a right to block surface water from entering onto your property? Can you modify a natural watercourse? Are you legally obligated to prevent surface water on your property from travelling onto your neighbour’s property? Rural landowners are often confronted with these perplexing i…

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Published on: 26 Sep 2019 By

Financial Restatements and Leave under Part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A Step in the Wrong Direction

In Cappelli v Nobilis Health Corp.[1] (“Cappelli”), Justice Perell, for purposes of a leave motion under Part XXIII.1 of Ontario’s Securities Act (“OSA”), considered the evidentiary value of an issuer’s public disclosure that it was restating previous financials and had control weaknesses. H…

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Published on: 24 Sep 2019 By

Siskinds LLP Class Actions Team Ranked in Top Band of the Chambers Canada 2020 Guide

The class actions team at Siskinds LLP has been ranked in the top band of the Chambers Canada 2020 guide, issued by international legal research organization, Chambers and Partners.  The firm was credited with consistently winning praise among interviewees, with sources noting: “It has…

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Published on: 23 Sep 2019 By

Risky Business: Alleging Cause if You Don’t Have It

So you have a problem employee that you want to terminate.  Your employment lawyer reminds you that you would owe nothing to the employee in a “for cause” termination, but that it’s unlikely that you could prove cause in the circumstances.  She then goes on to assess your common law reasonab…

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