‘Canada: it’s like watching a car crash in slow motion’
Siskinds franchise lawyer Peter Dillon was featured in AdvocateDaily.com for his article in the Franchise Law Journal. See the full article below. ‘Canada: it’s like watching a car crash in slow motion:’ Dillon By AdvocateDaily.com Staff While franchising provides an effective way to distribute goods and services, foreign businesses may be dissuaded from expanding here...
Continue reading the post titled ‘Canada: it’s like watching a car crash in slow motion’Technical non-compliance risky for Ontario franchisors
Toronto franchise lawyer Peter Dillon says courts have taken a highly technical approach to interpreting disclosure requirements, which has resulted in more franchisees being able to get out of deals. Dillon, partner at Siskinds LLP, says franchise legislation in Ontario, as well as four other provinces in Canada, was intended to ensure that those buying franchises had adequate...
Continue reading the post titled Technical non-compliance risky for Ontario franchisorsChanges on horizon for Canada’s privacy laws thanks to Bill C-11
Bill C-11 marks the first update to Canadian privacy law since the Personal Information Protection and Electronic Documents Act (PIPEDA) came into effect in 2000. If passed, the Bill would enact the Consumer Privacy Protection Act (CPPA) and bring about significant changes to private-sector privacy law. Of particular interest is a provision that would require...
Continue reading the post titled Changes on horizon for Canada’s privacy laws thanks to Bill C-11Upheld: plaintiffs win common issues trial after 24 years of institutional abuse
In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common issues trial decision, Cavanaugh offers...
Continue reading the post titled Upheld: plaintiffs win common issues trial after 24 years of institutional abuseNot all privacy is worthy of protection: Stewart v Demme at the Divisional Court
In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Divisional Court seeks to avoid...
Continue reading the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional CourtIntervenor beware! – Brewers Retail v. Campbell
In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement purposes and sought its costs. This was a class action in respect of a proposed class...
Continue reading the post titled Intervenor beware! – Brewers Retail v. CampbellBeyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.
In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pierringer agreements allow one or more settling defendants to withdraw from the plaintiff’s action while the...
Continue reading the post titled Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.Can the insurer “spy” on me?
During a personal injury claim, you may discover that you are being followed, videotaped, and photographed. While undoubtedly uncomfortable and intrusive, “surveillance” is legal and is quite common. The purpose and impact of surveillance During a personal injury claim, the lawyer for the defendant insurance company often uses surveillance to challenge the severity of your...
Continue reading the post titled Can the insurer “spy” on me?Divorce Act amendments: duties for parents and lawyers
A number of significant changes were made to the Divorce Act, which impact family law litigants, specifically divorced parents and separated spouses with children. These amendments to the Divorce Act took effect on March 1, 2021. Divorce Act changes explained: Duties for parents The duties that are now clearly set out in the Divorce Act are...
Continue reading the post titled Divorce Act amendments: duties for parents and lawyersAre we there yet? Solidifying the U.S. – E.U. privacy landscape with President Biden’s new Executive Order
On October 7, 2022, President Biden signed an Executive Order (“E.O.”) on Enhancing Safeguards for United States Signals Intelligence Activities. Businesses might be wondering: What, if anything, does this mean for me? Quite simply, if your business transfers personal information from one country or state / province to another country or state / province, you...
Continue reading the post titled Are we there yet? Solidifying the U.S. – E.U. privacy landscape with President Biden’s new Executive OrderReceive Blog Posts
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