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Published on: 8 Jul 2015 By

New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals

Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada overturned two lower court decisions, finding that an 8-week...

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Published on: 30 Nov 2021 By

Correcting โ€œpublic correctionโ€: The Court of Appeal provides further guidance in Baldwin v Imperial Metals Corporation

The public correction of misrepresentations has come to play an increasingly prominent role in decisions for leave to proceed with the statutory case of action for misrepresentation provided to secondary market investors under Part XXIII.1 of the Securities Act. In Baldwin v Imperial Metals Corporation, Chief Justice Strathy, writing for the Court of Appeal, further...

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Published on: 11 Feb 2021 By

Thereโ€™s Gold in Them Thar Hills โ€“ Wong v Pretium Resources

Introduction Wong v Pretium Resources (โ€œPretiumโ€) was a securities class proceeding premised on the issue of whether the defendant gold mining companyโ€™s failure to disclose the negative opinion of one of its mining consultants, Strathcona, amounted to an omission of a material fact, and thus an actionable misrepresentation under Part XXIII.1 of Ontarioโ€™s Securities Act,...

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Published on: 11 Oct 2022 By

Federal Court grants injunctive relief against interfering law firm โ€“ Moushoom v Canada (Attorney General)

In August 2022, the Federal Court released its decision in Moushoom v Canada (Attorney General), 2022 FC 1212 (โ€œMoushoomโ€), granting the Plaintiffsโ€™ motion for an interlocutory order that no legal professionals other than class counsel, the Plaintiff Assembly of First Nations, or the Court-appointed administrator publish communications to class members regarding the class proceedings. Moushoom...

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Published on: 14 Jun 2011 By

Have taxpayers โ€œhad itโ€ with Union tactics and benefits?

How times have changed!ย  Back in the dark ages of my youth, we took postal strikes for granted.ย  Every few years, the posties got restless and our Sears catalogue was delayed for a week or two.ย  Unless it was the Wish Book, most people pretty much took it in stride.ย  Not so today.ย  Judging by...

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Published on: 18 Dec 2015 By

Crowdfunding

With the proliferation of Kickstarter, IndieGoGo, GoFundMe and others, many small businesses are beginning to view crowdfunding as a viable revenue source.ย Globally, crowdfunding accounted for $5.1 billion in revenue. There are currently over 112 active crowdfunding platforms located in Canada.ย As more and more businesses launch crowdfunding initiatives, it is important that they understand the risks...

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Published on: 16 Nov 2021 By

Personal vs. commercial goodwill โ€“ Which oneโ€™s worth more?

What exactly is Goodwill? Goodwill is an intangible asset of a business. Although there are many varieties of goodwill, some of the more common examples include a high traffic or exclusive location, a strong reputation, brand name recognition, and great customer relationships. And whatโ€™s the difference between personal goodwill and commercial goodwill? Personal goodwill is...

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Published on: 20 May 2021 By

John R. Kennedy, Long-Term Partner and Friend

Siskinds is deeply saddened to have lost our dear friend, valued partner and colleague John Kennedy on Sunday, May 16, 2021. Graeme Sperryn, a partner of Johnโ€™s in the Business Law Group, writes: John will be greatly missed by all who knew him. He was larger than life, an indefatigable optimist and blessed with ceaseless...

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Published on: 17 Aug 2015 By

Banning the Microbead

In case you missed it a few weeks back, the federal government made an unexpected announcementย just days beforeย the federal election campaign was announced: it intends to ban the use of microbeadย products in personal care products. So how will it work? The government proposes publishing an Order to add microbeads to the List of Toxic Substances...

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