Not 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 CourtFailed real estate deals: The assessment date for damages
It is inevitable that some deals fall apart, but the consequences and frequency of these failures can vary based on whether it occurs in a rising, falling or stable market. The state of the market may also affect who the at-fault party is likely to be. With declining purchase prices, failed real estate deals have...
Continue reading the post titled Failed real estate deals: The assessment date for damagesCan a delay in breast cancer diagnosis be a result of medical malpractice?
For many patients with breast cancer an early diagnosis with early treatment can result in an excellent prognosis (there is a 90% to 99% five-year survival rate1 for patients with a stage I or II breast cancer diagnosis). However, a delay in diagnosis can result in a later-stage diagnosis and a poorer prognosis. Early screening...
Continue reading the post titled Can a delay in breast cancer diagnosis be a result of medical malpractice?Are 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 OrderUpheld: 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 abuseSue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morgan’s refusal to stay an Ontario class action despite the authorization of a nearly identical...
Continue reading the post titled Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”Wills, trusts and estate planning for people with disabilities and their families
Introduction Families are very familiar with positive planning processes that are focused on helping their child with disabilities to have a good life. You may have had help by many people in your unique situation to develop a good plan: extended family and friends, members of your child’s support circle, other families in similar circumstances,...
Continue reading the post titled Wills, trusts and estate planning for people with disabilities and their familiesTechnical 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 franchisorsImpact 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 seenOntario’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,...
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