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Published on: 30 Jul 2020 By

A cautionary tale: Employee misconduct creates employer liability

Consider this scenario: An employee steals co-workers’ personal information and uses it in an attempt to blackmail his employer, threatening to release it publicly unless a ransom is paid. Who’s stuck with the liability in this story? You may be surprised.  Grossman v. Nissan is a class acti…

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Published on: 23 Jul 2020 By

The SCC’s Decision in Uber Signals Modernization of Canadian Workers’ Rights

On June 26, 2020 the Supreme Court of Canada released its decision in Uber Technologies Inc. v. Heller 2020 SCC 16. In an eight-one majority, the SCC held that the plaintiff Uber driver could proceed with his class action against Uber, despite the mandatory arbitration clause contained in a …

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Published on: 21 Jul 2020 By

Canadian direct sales and multi-level marketing: Financial representation and disclosure

According to the Section 55 of the Competition Act, if operators of a multi-level marketing (“MLM”) plan wish to make financial representations to a prospective participant, fair, reasonable, and timely financial disclosure must also be disclosed. At its core, this requirement ensures a pros…

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Published on: 15 Jul 2020 By

The rise and fall of Quadriga, a Canadian crypto exchange Ponzi scheme

We may only be a few years away from a Netflix special on the Quadriga collapse. There would be plenty to fill a script in last month’s release of an investigative report from the Ontario Securities Commission, which found that Quadriga was a fraud and Ponzi scheme (the “OSC Report”). …

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Published on: 14 Jul 2020 By ,

Business Essentials – Episode 7: How intellectual property law affects your business

In Siskinds’ Business Essentials, a limited-run podcast series, Chris Sinal of Siskinds’ Labour & Employment group sits down with some of the firm’s business lawyers to discuss current issues and challenges facing our clients as they adapt to the new business environment resulting from …

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Published on: 8 Jul 2020 By

Update: Realtors, treat yourselves fairly

In our previous blog post titled “Realtors, treat yourselves fairly”, we discussed Bill 145, Trust in Real Estate Services Act, 2019, which would provide realtors with the ability to incorporate a professional real estate corporation. Bill 145 received Royal Assent and has been made into law…

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Published on: 8 Jul 2020 By

Ontario overhauls the Class Proceedings Act: Your guide to the complete list of changes

On July 7, 2020, the Ontario government voted to pass the most significant changes to the province’s Class Proceedings Act, 1992 in the entire history of the legislation. For the full picture of what the amended Act will look like, click on this updated version of the Class Proceeding Act, c…

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Published on: 7 Jul 2020 By

Is it time to update the financial statements in your franchise disclosure document?

Financial Statement Requirements for Disclosure Documents Franchise legislation in Canada (currently in the provinces of BC, Alberta, Manitoba, Ontario, New Brunswick and PEI) contains a requirement that franchisors include financial statements for their most recently completed fiscal year. …

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Published on: 30 Jun 2020 By

Direct Sales in Canada: Understanding Not For Resale Myths

The Not For Resale (“NFR”) distribution entry model to the Canadian market is acutely misunderstood. This discussion will outline the top 3 NFR “myths”, and explore potential legal risks multi-level marketing (“MLM”) businesses face.  NFR is a Canadian Importation Rule Not For Re…

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