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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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Published on: 20 Sep 2019 By

Godfrey v Sony: Supreme Court Protects Victims of Price-Fixing Conspiracies

On September 20, 2019, the Supreme Court of Canada issued a decision in Godfrey v Sony Corp., a class action related to alleged price-fixing in the market for optical disc drives (“ODDs”). The decision provides clarity on four significant issues in price-fixing litigation. The Co…

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Published on: 19 Sep 2019 By

Beyond “9 to 5”: Understanding Ontario’s Overtime Rules

Aside from some “tweaks”, not much has changed when it comes to the Ontario’s overtime rules[1] in many years.  Why then do I see so much employer non-compliance?  Are employers unaware of their overtime rights and responsibilities?  Or do they simply choose not to comply and hope no one com…

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Published on: 9 Sep 2019 By

Termination Clause Update: The Unclear Impact of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679

I have previously discussed the enforceability of termination clauses in former blog posts, available here and here. In short, a long history of inconsistent and amorphous case law has created significant uncertainty among lawyers attempting to advise their clients about whether a given term…

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