News & Publications

Marriott Privacy Breach

Written by on November 30, 2018.

Siskinds LLP Announces the Filing of Privacy Breach Class Action against Marriott International, Inc. and Certain of Its Canadian Affiliates Siskinds LLP has filed a proposed privacy breach class proceeding on behalf of Canadian residents whose personal information has been impacted as a result of the recently-disclosed data breach incident. On November 30, 2018, Marriott reported that unauthorized parties have improperly accessed the guest reservation database of Marriott’s Starwood hotel...

How Personal Injury Lawyers Are Paid

Written by on November 22, 2018.

People are sometimes reluctant to seek legal advice after being injured. They believe they cannot afford legal fees and expenses, particularly if their injuries have caused them to be off work. Contingency Fees In most cases, however, an injured person who files a lawsuit against a negligent party (a “plaintiff”) does not pay anything up front or out-of-pocket. This is because most personal injury lawyers handle cases on a contingency fee basis. The goal of contingency fees is to provi...

Cannabis License Act: Franchising Implications

Written by on November 20, 2018.

Before the Ontario Cannabis License Act was passed, I wrote about the relative merits of corporate store ownership and franchising as business models for cannabis retail.[1] It now appears that corporate store ownership will not be an option for licensed producers who wish to establish a significant presence in the retail market. Section 4(4) of the Cannabis License Act prohibits licensed producers and their affiliates from operating more than one retail store. The definition of “affiliate” ...

TELUS v. Wellman – Siskinds lawyers represent consumer association in the Supreme Court of Canada

Written by on November 20, 2018.

On November 6, Siskinds represented the Intervener Consumers’ Association of Canada (“CAC”) in the Supreme Court’s hearing of TELUS v. Wellman. The Court’s decision could have major implications on Canadians’ access to the civil justice system. The Wellman appeal arose from a certified class proceeding directed at TELUS’s practice of “rounding-up” calls to the next minute for billing purposes. In 2014, TELUS brought a motion to stay the proceeding with respect to some claima...

The Interaction Between Accident Benefits and the Ontario Disability Support Program (ODSP)

Written by on November 19, 2018.

Car crashes often cause serious injuries, which can be long term and require substantial treatment. Some accident victims unfortunately become disabled as a result of their injuries. In addition to what might be available through private benefits or through an automobile insurance policy, an individual injured in a car crash may be entitled to benefits under the Ontario Disability Support Program (“ODSP”). The Provincial government has recently made changes to the ODSP that will provid...

Tahoe Resources Inc. Securities Litigation

Written by on November 19, 2018.

(TSX: THO; NYSE: TAHO; ISIN: CA8738681037; CUSIP: 873868103) On October 4, 2018, a proposed class proceeding was commenced in the Ontario Superior Court of Justice (Toronto Region) against Tahoe Resources Inc. (Tahoe) and its former CEO and director, Ronald W. Clayton (Action). Siskinds LLP is counsel to the plaintiff in the Action. The Action alleges that a press release issued by Tahoe on May 24, 2017 contained misrepresentations. The press release concerned the commencement of an action...

Bill 47 – Amendments to the Labour Relations Act, 1995

Written by on November 14, 2018.

The legislation governing unionized workplaces in Ontario, the Labour Relations Act, 1995 (the “LRA”) will be amended by the Ontario government if the Making Ontario Open for Business Act, 2018 (“Bill 47”) passes in its current form.  Expected changes will include the following: Repeal of Union’s ability to obtain a list of employees Currently, s, 6.1 allows a trade union to obtain a list of employee names and contact information if the union obtains membership cards from twent...

Everything is electronic: Implementing electronic delivery of franchise disclosure documents and electronic execution of documents

Written by on November 09, 2018.

Everything is electronic. It certainly feels that way. Even in areas that are slow to adopt change, digital is taking over. While many franchise systems are on the cutting edge of technology in their offerings and their methods of conducting business with clients, the processes of selling franchises have taken longer to fully embrace the digital wave. This is not doubted attributable to the many advantages of conducting aspects of the franchise sales process using electronic means – efficiency...

Bill 47, Making Ontario Open for Business Act, 2018

Written by on November 09, 2018.

Many businesses that are provincially-regulated employers in Ontario have spent the better part of last year changing their workplace policies to ensure compliance with the labour reforms implemented by the Wynne government in the Fair Workplaces, Better Jobs Act (“Bill 148”). However, such businesses should be aware that Ontario’s recently elected Progressive Conservative government has tabled the Making Ontario Open for Business Act, 2018 (“Bill 47”) which, if passed in its current f...

In the Family Law Context: Custody and Guardianship of a Minor’s Property

Written by on November 06, 2018.

Frequently I meet with clients who inquire about having a Will prepared, given their separation.  They express concerns about their child(ren)’s future in the event something happens to them now that they are separated.  The typical client may ask about what happens to “custody” of their child(ren) in the event of their death, and have questions about who will look after the property that you wish to leave to your minor child(ren) upon your death. In Ontario under the Children’s Law...