Emerging guidance on substantial compliance Wills in 2023
Until recently, a Will in Ontario had to meet the strict formal validity requirements set forth in the Succession Law Reform Act1 (the “Act”) in order to be valid. This meant that a Will had to be in writing and signed by the testator in the presence of two witnesses who also signed the document....
Continue reading the post titled Emerging guidance on substantial compliance Wills in 2023Dazed and Confused: Five contractual considerations for uncertain times
The year 2020 will not soon be forgotten. Despite the devastation of the COVID-19 pandemic, it has also provided a catalyst for substantial innovation and positive disruption to business models and commercial practices. During this time of business adaptation to respond to the unique challenges of pandemic-induced measures such as physical distancing and remote working,...
Continue reading the post titled Dazed and Confused: Five contractual considerations for uncertain timesCross-Border Cooperation in Class Action Litigation
This is an excerpt from an article written by Siskinds Class Action lawyers Ron Podolny and Daniel Bach and originally published by the American Association for Justice. Introduction Counsel in Canada and the U.S. frequently pursue parallel class actions on the basis of identical allegations, against the same defendants. For instance, most defective consumer products that...
Continue reading the post titled Cross-Border Cooperation in Class Action LitigationApprovals from federal authorities may not protect against charges under provincial environmental laws
In R v Great Lakes Stevedoring Company Ltd,[1]companies are given a stark reminder that provincial environmental laws and regulations must be complied with notwithstanding compliance with all applicable federal laws and regulations and operating exclusively on federal property. Great Lakes Stevedoring Company Ltd. (“Great Lakes”), a stevedoring operation on the Welland Canal in the St....
Continue reading the post titled Approvals from federal authorities may not protect against charges under provincial environmental lawsWaiver of tort is out, and disgorgement is in – Atlantic Lottery Corp. Inc. v. Babstock., 2020 SCC 19
Introduction On July 24, 2020, the Supreme Court of Canada brought clarity over a longstanding question in Atlantic Lottery Corp. Inc. v. Babstock,1 Waiver of tort as an independent cause of action that did not require proof of damages has been a concept up in the air, which has finally settled to the ground. All...
Continue reading the post titled Waiver of tort is out, and disgorgement is in – Atlantic Lottery Corp. Inc. v. Babstock., 2020 SCC 19Pain and Suffering Damages and the Threshold in a Personal Injury Action
One of the areas which people often look to be compensated for after an injury is their “pain and suffering.” This is the unquantifiable hardship which one endures as a result of their injuries. Under the legislation which governs motor vehicle accidents in the Province of Ontario, in order for you to be successful in...
Continue reading the post titled Pain and Suffering Damages and the Threshold in a Personal Injury ActionWhy do some franchisees fail while others thrive?
A recent article in The Wall Street Journal suggested that a number of prominent U.S. franchise brands are suffering higher than average default rates under the Small Business Administration (SBA) loan program. In fact, these brands had a failure rate more than double the rate for borrowers investing in other chains. Among the well-known brands were Quiznos (30-per-cent SBA...
Continue reading the post titled Why do some franchisees fail while others thrive?Protecting one’s information on social media
Siskinds technology, privacy and cybersecurity lawyer Peter Dillon, was recently interviewed by AdvocateDaily.com regarding the recent scandal that erupted after Facebook data was harvested and used by a political consulting firm. Read the full article below. Protecting one’s information on social media By Mia Clarke, Associate Editor The recent scandal that erupted after Facebook data...
Continue reading the post titled Protecting one’s information on social mediaEU-US Privacy Shield Framework – Does it Apply to Your Business?
Background In late 2015, the highest court in the European Union invalidated the Safe Harbor data-transfer framework that ruled over the transmission of personal data between the EU and U.S. for approximately 15 years. The European Court of Justice held that the U.S. government’s repeated and surreptitious access to the data of EU residents violated...
Continue reading the post titled EU-US Privacy Shield Framework – Does it Apply to Your Business?Know your privacy rights
A recent update from the office of the Privacy Commissioner of Canada provides insight into the prevalence and effect of data breaches in Canada In the digital age, the Internet plays a significant role in the daily lives of Canadians. Along with the benefits it brings in terms of connectivity, harmful consequences in the form...
Continue reading the post titled Know your privacy rightsReceive Blog Posts
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