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Tactics Used by Insurers are “Borderline Harassment”

Written by on January 19, 2018.

Arbitrator Musson, in the recent decision SP and RBC Insurance, reviewed the conduct of Aviva Insurance (who bought out RBC Insurance) in adjusting an injury claim made by a young woman hurt in a motor vehicle collision. The decision concluded with a comment upon the behaviour and conduct of Aviva/RBC insurance staff which were observed as “borderline harassment”:[1] Further, the conduct and borderline harassment demonstrated by the Insurer as it related to some witnesses that the Insurer c...

Safety at Rail Crossings

Written by on January 15, 2018.

Jason Zsoldos lost both arms and a leg when he collided with a train in 1994. He was struck at a railway crossing where the railway tracks intersect a roadway at the same grade: a level crossing. He was 22 years old. In the trial that followed, the operators of the crossing acknowledged that they owed a duty to the public to keep the crossings safe. They argued that although they owed that duty, they did what was reasonably required to satisfy their obligations. They argued that they were not...

Daniel Bach Interviewed by BNN about TD & RBC Trading Service Outage

Written by and on January 08, 2018.

On January 5th, class actions lawyer Daniel Bach spoke with BNN regarding the TD and RBC trading service outage. He gave his opinion on whether or not it had valid issues for a class action lawsuit. Catch his full interview here, starting at 1:08.

Welcoming Three New Partners – January 2018

Written by on January 04, 2018.

Siskinds LLP is pleased to announce that as of January 1, 2018, Rasha El-Tawil and Michael Polvere were admitted as partners of Siskinds LLP, and Caroline Perrault as a partner of Siskinds Desmeules LLP, our Quebec affiliate. These lawyers have excelled in their respective areas of personal injury law, commercial litigation, and class actions, and will be a strong addition to our partnership team. An excellent way to start 2018!

Twelve FAQ for Wills and Estates

Written by on January 03, 2018.

Siskinds’ Will and Estate Lawyers respond to hundreds of calls each year. Here is a list of the most frequently asked questions I am asked, and my standard responses. How do we find out if there is a will? What happens in an intestacy? When is there a reading of the will? How do I get a copy of the will? What is required for a will to be valid? If there is more than one will, which one is valid? When should I receive my inheritance? The estate trustee (executor) is no...

New Changes to the Employment Standards Act, 2000 Will Affect Calculation of New Year’s Day Holiday Pay

Written by on January 02, 2018.

Happy New Year, everyone! Effective January 1, 2018, the method used for calculating public holiday pay has changed, meaning that the way employers are required to pay qualifying employees for New Year's Day will be different than the method used for calculating Christmas and Boxing Day pay. Prior to January 1, employers calculated public holiday pay by taking the employee's earnings over the previously worked four weeks and dividing that number by 20. Now, employers must base public holiday ...

The Risks of Cutting Off an Employee’s Insurance Benefits After Termination

Written by on December 29, 2017.

We frequently warn our clients about the significant risks of prematurely cutting off an employee's insurance benefits post-termination. Here is an excellent article from the Globe & Mail explaining the reasons for that advice. If you have any questions regarding this article or any other labour and employment topics, please contact anyone from Siskinds' labour and employment team.  

Skiing Safely this Winter Season

Written by on December 28, 2017.

Christmas has come and gone, and we are excited to get onto the slopes, many of us with new skis and snowboards. For many families, the Christmas and March breaks mean heading to the ski slopes for fun, excitement, and building of great memories. Unfortunately, this also means that the emergency departments at hospitals near the ski hills also get busy. Here are ten things to think about to help make sure your trip home from the hill does not include a stop at the hospital: Wear a helme...

Class Proceedings Can Fill the Gap in Canadian Regulatory Action

Written by on December 27, 2017.

Canadian Investors’ Perceived Vulnerability to Fraudsters A recent Globe and Mail article highlights the difficulty Canadian investors have in recovering proceeds of crime from fraudsters.  Examining 30 years’ worth of regulatory enforcement proceedings, the Globe comes to the conclusion that Canada’s “toothless” regulatory system permits criminals to get “barely punished” and commit their financial crimes again.  Focusing on repeat financial recidivism, the article quotes the f...

Auditors Must Properly Audit Their Client Companies and Would be Legally Liable if they Fail to do so, Supreme Court of Canada Holds

Written by on December 20, 2017.

Case commentary: Deloitte & Touche v Livent Inc (Receiver of), 2017 SCC 63 In a long-awaited judgment rendered today, a unanimous Supreme Court of Canada held that Deloitte & Touche (now, Deloitte LLP) owed, and breached, a duty of care by failing to perform a proper statutory audit of its client, the defunct Livent Inc. Additionally, a majority of the Court found Deloitte liable to Livent for the increase in Livent’s liquidation deficit which followed Deloitte’s impugned audit—...