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Published on: 27 Nov 2019 By ,

Know Your Privacy Rights

A Recent Update from the Office of the Privacy Commissioner of Canada Provides Insight into the Prevalence and Effect of Data Breaches in Canada In the digital age, the Internet plays a significant role in the daily lives of Canadians. Along with the benefits it brings in terms of connectivi…

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Published on: 21 Nov 2019 By

Class Counsel Can Continue to Represent Class Members where a Conflict of Interest Arises with Provincial Health Insurers

In Perdikaris v. Purdue Pharma, 2019 SKQB 281, the Chief Justice of the Saskatchewan Court of Queen’s Bench has ruled that a conflict of interest between Provincial Health Insurers (“PHIs”) and the Representative Plaintiffs and/or Class Members that emerges as the matter proceeds will not au…

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Published on: 12 Nov 2019 By

Government, energy corporation can be sued in class action for flood damage says Newfoundland Court

Flooding is a major issue for many Canadians, often causing severe damage and consequent economic harm. The federal government has warned that extreme flooding is the new reality of climate change,[1] and the five most destructive floods in Canadian history have all occurred since 2010.[2]  …

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Published on: 5 Nov 2019 By

Class Members, No Rights to Appeal Settlement Approval

On October 17, 2019 the Court of Appeal of Ontario released its decision in Bancroft-Snell v. Visa Canada Corporation, 2019 ONCA 822. The Court of Appeal’s unanimous five-judge panel decision confirmed individual class members have no right to appeal settlement approval orders even where the…

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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: 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: 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: 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: 12 Aug 2019 By

Vedanta Resources PLC v Lungowe, [2019] UKSC 20

Removing straitjackets, and widening the potential scope of parent company liability for a subsidiary’s actions Can the parent company of a multinational group owe a duty of care to a third party for the actions of a foreign operating subsidiary? There remains no definitive answer at the tim…

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