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Corporate Lawyers

Cannabis Retail in Ontario: Franchising as a Business Model

Written by on September 21, 2018.

In the wake of federal plans to legalize recreational cannabis use,[1] the Western Provinces announced licensing schemes for private sale. A number of cannabis companies, such as Canndara, Spiritleaf, and Starbuds, began the process of organizing franchise systems with a view to exploiting this new market. In Ontario, the former Liberal government had spurned the approach of the Western Provinces in favour of a public monopoly. In June 2018, that government was ousted by Doug Ford’s Progressiv...

DIY investors fight back against trailer fees

Written by on September 17, 2018.

Trailing commissions (also known as trailer fees) are intended to compensate mutual fund dealers, such as discount brokers, for investment advice they provide to investors. However, discount brokers are prohibited from providing investment advice under the law. Siskinds LLP is pursuing claims on behalf of retail investors who have paid trailing commissions on mutual funds held in discount brokerage accounts. In this 3 minute CBC report, watch Steve Pozgaj’s story about paying almost $5,000 ...

Franchise rescission no relief from loan obligations

Written by on August 31, 2018.

Last week, Perell J. granted summary judgment to the Royal Bank of Canada (“RBC”) for indebtedness owed by Everest Group Inc. (“Everest”), a franchisee which had sought to rescind its franchise agreement.[1] Perell J. refused to require the bank to forebear exercising its rights until the franchisee could be refunded amounts claimed in accordance with the rescission. In late 2015, Everest entered into a franchise agreement with Paramount Fine Foods to operate a restaurant at Yorkdale ...

Divisional Court overturns Ontario Labour Relation Board’s certification of construction bargaining unit integral to telecommunications

Written by on August 29, 2018.

In a significant victory for employers engaged in construction work in federally-regulated sectors, the Divisional Court in Labourers’ International Union of North America, Ontario Provincial District Council v Ramkey Communications Inc [1]has overturned an Ontario Labour Relations Board (“OLRB”) decision suggesting that all contractors performing construction work were subject to provincial labour relations laws, regardless of how vital, essential, or integral that work was to the federal...

Tech firms must follow Canadian anti-spam laws

Written by on August 14, 2018.

Two tech companies were recently fined a total of $250,000 for the installation of malicious software through online ads. The case is the first where firms were fined by the Canadian Radio-Television and Telecommunications Commission (CRTC) for breaching Canada's Anti-Spam Legislation (CASL) sending the message that the federal agency is checking on tech firms to determine if they are in compliance with the country's anti-spam laws. Read the full article featuring Siskinds partner Peter ...

Will They or Won’t They? Ontario’s new government and the WSIA

Written by on July 30, 2018.

Since the Ontario Liberal government amended the Workplace Safety Insurance Act (“WSIA”) in April, there has been some confusion about who bears the responsibility for workplace injuries to temporary agency workers: the agency, or its client employer. On April 6, 2018, the Liberals amended the WSIA to include the new section 83(4), which allows the Lieutenant Governor in Council to make regulations imposing the responsibilities and costs of an injury suffered by a temporary help agency wo...

Legalization of marijuana, set to take effect by October 17, 2018

Written by on June 20, 2018.

Canadian employers should be ready for the legalization of marijuana, set to take effect by October 17, 2018. The Senate voted to pass the Liberal government’s Bill C-45 on June 19, 2018 and today, Prime Minister Justin Trudeau announced the October 17, 2018 date, which allows the provinces and territories some time to implement distribution and sale laws. For more information on what impact that this has for your organization, you can read more at: Dazed and Confused: Marijuana in t...

Raymond Leach Speaking at Straight from the Bench – June 14

Written by on June 12, 2018.

Siskinds partner Raymond Leach will be speaking at the 13th Annual Straight from the Bench Conference on June 14th. Raymond will participate in a panel discussion on estoppel and constructive trusts with The Honourable Mr. Justice Ian Leach, Anne Marie Frauts of Frauts Dobbie, and Lou Anne Farrell of Ferguson Patterson PC. The conference is taking place at the London Convention Centre, from 9:00 a.m. to 5:00 p.m. The agenda is fully loaded this year and contains EDI hours in addition to CPD hou...

Cyber Security: Peter Dillon and LEDC host session on June 14

Written by on May 29, 2018.

On Thursday, June 14, Peter Dillon will join the LEDC and other industry leaders in hosting a half-day information session about cyber security. This session is targeted to founders, CEO's, senior IT leads, and decision makers in small-to-medium sized businesses in London. Ideal sectors include digital creative, professional services, manufacturing, food processing, and health and life sciences. Book your tickets and join this informative session at Ivey Spencer Leadership Centre.

Thompson Fuels Ordered to Pay Costs

Written by on May 28, 2018.

The case of Gendron v. Thompson Fuels, related to a home furnace oil tank that developed a leak in December 2008. The leak caused damage to the Gendron’s home and the surrounding environment, including nearby Sturgeon Lake. The City of Kawartha Lakes cleaned up the Lake. On July 17, 2017 the court released its decision on this matter, (2017 ONSC 4009) granting judgement in favour of Gendron against Thompson Fuels. The court appropriated 60% liability to Gendron and 40% to Thompson Fuels. Th...