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…
View the post titled The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer ContractsLinda Visser Quoted in Law Times about Umbrella Purchaser Claims
Linda Visser was interviewed by the Law Times last month to get her views on the recent Divisional Court decision, Shaw v LG Chem Ltd. Read the full article here.
View the post titled Linda Visser Quoted in Law Times about Umbrella Purchaser ClaimsBennett 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…
View the post titled Bennett v Lenovo – Another Step Toward a Consumer Privacy Protection JurisprudenceGovernment delays private right of action under CASL
Recently at Siskinds, we’ve written about Canada’s Anti-Spam Legislation or CASL[1] (see here and here). In those articles, we described the private right of action contemplated by CASL. Broadly speaking, the private right of action would allow a person affected by a breach of certain sectio…
View the post titled Government delays private right of action under CASLGot 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…
View the post titled Got Spam? What you can do if you are receiving unwanted e-mails.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…
View the post titled Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095Canada’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…
View the post titled Canada’s Anti-Spam Laws Enhance Consumer Protection and Provide Compensation for Improper Electronic ActivitiesCase 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…
View the post titled Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752CTV News Interviews Jill McCartney about PHYSIOMESH Class Action
CTV News interviews Siskinds LLP’s Jill McCartney and the Representative Plaintiff for the PHYSIOMESH class action. Watch the full interview here. For more information or to join the class action, visit our web page: https://www.siskinds.com/physiomesh-hernia-mesh/
View the post titled CTV News Interviews Jill McCartney about PHYSIOMESH Class ActionEndean v British Columbia: efficient and economic access to justice for Canadian class members
In October 2016, the Supreme Court of Canada (“SCC”) released its decision in Endean v British Columbia, 2016 SCC 42, holding that superior court judges have the discretionary power to sit outside of their home jurisdictions, pursuant to section 12 of the Class Proceedings Act. Endean was a …
View the post titled Endean v British Columbia: efficient and economic access to justice for Canadian class membersReceive Blog Posts
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