Government 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 membersCourt of Appeal Hears Jurisdiction Motion in Airia Brands
In December 2016, the Ontario Court of Appeal heard an appeal in Airia Brands v Air Canada. The result of this appeal will have significant impact on the viability of global class actions commenced in Ontario and on the application of the real and substantial connection test in the context o…
View the post titled Court of Appeal Hears Jurisdiction Motion in Airia Brands$2.1B Settlement in Volkswagen Diesel Emissions Class Action Announced
On December 19, 2016, a settlement agreement was announced in the class action involving Volkswagen and consumer claims related to the 2.0L diesel emissions software matter. The matter affected approximately 105,000 vehicles across Canada and generated a high level of interest when the issue…
View the post titled $2.1B Settlement in Volkswagen Diesel Emissions Class Action AnnouncedA Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations
The development of the common law depends on the Bar proposing something new when circumstances require. I recognize that’s not new thinking. Denning said it in 1954 and certainly better than me, in Parker: If we never do anything which has not been done before, we shall never get anywhere. …
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