Financial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong direction
In Cappelli v Nobilis Health Corp.[1] (“Cappelli”), Justice Perell, for purposes of a leave motion under Part XXIII.1 of Ontario’s Securities Act (“OSA”), considered the evidentiary value of an issuer’s public disclosure that it was restating previous financials and had control weaknesses. His Honour gave less weight to the restatement and admission of control weaknesses...
Continue reading the post titled Financial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong directionRisky business: Alleging cause if you don’t have it
So you have a problem employee that you want to terminate. Your employment lawyer reminds you that you would owe nothing to the employee in a “for cause” termination, but that it’s unlikely that you could prove cause in the circumstances. She then goes on to assess your common law reasonable notice obligation in a “without cause”...
Continue reading the post titled Risky business: Alleging cause if you don’t have it6 key elements of a business succession plan
Business succession planning is an important part of operating a successful business and developing a strong retirement plan. In this article, retired Siskinds’ partner and business lawyer, Henry Berg, discusses the importance of careful and intentional planning in order to ensure a successful business transition. For more information on professional corporations, please reach out to Katherine...
Continue reading the post titled 6 key elements of a business succession planImpact of COVID-19 on Environmental Law
The protection of our health and environment is a fundamental right of all Canadians. The recent events of COVID-19 including the designation of essential and non-essential services, suspension of limitation periods in certain circumstances has businesses questioning what statues, regulations, standards or policies have continued to remain in force. Generally, those environmental laws, regulations, policies,...
Continue reading the post titled Impact of COVID-19 on Environmental LawChanges 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-11Tribunal indecisiveness causes backlogs, increased costs
The Ontario Human Rights Tribunal (OHRT) recently refused to dismiss an employee’s human rights complaint against McDonald’s Restaurants of Canada Limited (MRCL) of discrimination based on family status and marital status. MRCL is the franchisor of the McDonald’s restaurant system in Canada. In Lindsey v. McDonald’s Restaurants of Canada Limited, 2014 HRTO 372 (CanLII), the complainant alleged...
Continue reading the post titled Tribunal indecisiveness causes backlogs, increased costsOntario’s Court of Appeal Certifies Class Actions Questioning Overtime Policies
It turns out CIBC and Scotiabank will be required to defend their overtime policies against class actions by employees, according to the Court of Appeal. The banks had successfully defended certification motions in the lower courts on the grounds that the issues were not “common” enough among the banks’ 30,000 employees to warrant class action litigation. However,...
Continue reading the post titled Ontario’s Court of Appeal Certifies Class Actions Questioning Overtime PoliciesSPECT scan admissible at trial as evidence of concussion
In recent years, SPECT (Single-photon emission computerized tomography) scans have become prominent, although somewhat controversial, in the medical field for assisting in the diagnosis of a traumatic brain injury (TBI). SPECT scans are a type of imaging that depict how blood flows to organs and tissues. Prior to the scan, a radioactive “tracer” is injected...
Continue reading the post titled SPECT scan admissible at trial as evidence of concussionPrivacy pulse: CrowdStrike’s costly software update, PC Optimum investigation, and Google’s database leak
The Siskinds Privacy, Cyber and Data Governance team is focused on providing businesses and professionals with monthly updates on technology, privacy, and artificial intelligence (A.I.) laws in both the U.S. and Canada. For July, we have many updates to share from a global IT outage, massive privacy settlements in the US and Google ending its...
Continue reading the post titled Privacy pulse: CrowdStrike’s costly software update, PC Optimum investigation, and Google’s database leakImpact of Tim Hortons’ deal on franchisees remains to be seen
Siskinds partner Peter Dillon wrote an article for Advocatedaily.com regarding the recently proposed Burger King – Tim Horton’s transaction and the potential impact it could have on franchisees.Full article, published on AdvocateDaily below. We’ve all heard the axioms that “nothing succeeds like success,” or “it takes money to make money.” In a world that is becoming...
Continue reading the post titled Impact of Tim Hortons’ deal on franchisees remains to be seenReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.