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Published on: 26 Sep 2019 By

Data breach highlights how easily it can happen

Data breaches happen a lot more often than people probably realize, says cybersecurity lawyer Peter Dillon during a recent interview with AdvocateDaily.com. See the full article below. Data breach highlights how easily it can happen By Mia Clarke, AdvocateDaily.com Associate Editor Data brea…

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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 reasonable…

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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 compla…

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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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Published on: 9 Sep 2019 By

Federal Carbon Tax Appealed to Supreme Court

On August 28, 2019 the Minister of Environment, Conservation and Parks announced Ontario’s appeal of the Court of Appeal’s decision on the constitutionality of the federal Greenhouse Gas Pollution Pricing Act to the Supreme Court of Canada. In making the announcement the Minister stated: …

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Published on: 30 Aug 2019 By

What can you ask for in a medical certificate?

Many employers have often had the experience of receiving a vague doctor’s note from an employee that reads something along the lines of, “this individual is unable to work for X weeks”. Employers are left wondering: Why? Can I be sure this is legitimate? Is the employee likely to return aft…

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Published on: 27 Aug 2019 By

The Marine Liability Act and the “Polluter Pay” Regime: A Review of the Court’s Decision in British Columbia v. The Administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232

Earlier this summer, the British Columbia Court of Appeal dismissed an appeal by the Province of British Columbia concerning the Province’s liability for oil pollution under the federal Marine Liability Act, S.C. 2001, c.6. The pollution in question had emanated from a derelict vessel of whi…

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