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Published on: 14 Jul 2017 By

Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients

Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein[1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is coun…

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Published on: 7 Jul 2017 By

Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.

“Get those coming up from under! Los de Abajo! Get the underdogs!” [1] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[2] I…

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Published on: 26 Jun 2017 By

The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts

Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies a…

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Published on: 7 Jun 2017 By

Bennett v Lenovo – Another Step Toward a Consumer Privacy Protection Jurisprudence

Introduction The recent decision of the Ontario Superior Court of Justice in Bennett v Lenovo, 2017 ONSC 1082 is an important step in the development of privacy class actions in Canada. In Lenovo, the Court refused to strike the majority of causes of action pleaded by the Plaintiffs, permitt…

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Published on: 30 May 2017 By

Got Spam? What you can do if you are receiving unwanted e-mails.

Canada’s Anti-Spam Legislation, or CASL, came into force in July of 2014. Effectively, sending spam[1] is a violation of the law. You may have received spam if you can answer “no” to any of the following questions: Did you consent to the sender contacting you? Are you easily able to unsubscr…

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Published on: 11 May 2017 By

Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095

Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinen…

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Published on: 9 May 2017 By

Canada’s Anti-Spam Laws Enhance Consumer Protection and Provide Compensation for Improper Electronic Activities

(Note: There have been changes to the legislature since this article was published. Please go here for an update.) The laws of Canada protect consumers and computer users against improper commercial electronic activities. If you are a Canadian consumer who uses a computer or goes on the inte…

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Published on: 20 Apr 2017 By

Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752

A recent decision certifying a class action for prepaid payment cards demonstrates the potential of Ontario’s Consumer Protection Act and the limits of creative technical arguments at the threshold certification stage. Case Background Bernstein v Peoples Trust Company is a class action regar…

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