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?
The SCC’s Greenhouse Gas Pollution Pricing Act Decision: A win for climate change protection, but what’s next?
On March 25, 2021 the Supreme Court of Canada (SCC) released its decision References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11.1 While the question before the Court was the scope of the federal government’s jurisdiction, the practical effect of the decision was describing ho…View the post titled The SCC’s Greenhouse Gas Pollution Pricing Act Decision: A win for climate change protection, but what’s next?
The future of remote work: Important employer considerations
For many employers, the last 15 months has been a forced experiment on whether large segments of their workforce are able to effectively and efficiently work from home. Some employers have been surprised by how smoothly operations can run with employees working remotely. Other employers have…View the post titled The future of remote work: Important employer considerations
Class actions as clone wars?
Ontario Court rejects notion that class members must be “clones.” Judges on a certification motion do understand that class members are not clones and even if they were clones, judges understand that individual clones may have had different experiences with the defendant. Commonality is not …View the post titled Class actions as clone wars?
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 exchange
Assessing medical malpractice damages – Family Law Act claims: Overview
This article on Family Law Act (FLA) damages is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessm…View the post titled Assessing medical malpractice damages – Family Law Act claims: Overview
John 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 Friend
My data was lost! Can I be compensated?
Data breaches are among the most common areas of subject matter for Canadian class actions in 2021. There are currently more than 80 class actions involving privacy breaches in progress across the country.1 Siskinds itself represents class members in several prominent ongoing privacy breach …View the post titled My data was lost! Can I be compensated?
Lawyers can go way back with the Wayback Machine
Most people who’ve been through litigation know that once it has started, you can’t just grab a shredder and get rid of your bad documents. Why? Legally speaking, the parties have a duty to preserve their documents. When dealing with paper, shredding has a permanent effect. Electronic docume…View the post titled Lawyers can go way back with the Wayback Machine
Court weighs in on constructive dismissals and layoff during COVID-19 pandemic
Early in the COVID-19 pandemic many employers were forced to reduce their workforces (often by placing employees on layoff) due to closures or declines in business because of the public health emergency. Employers looked for ways to respond to this situation that would balance their obligati…View the post titled Court weighs in on constructive dismissals and layoff during COVID-19 pandemic
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