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 CourtSonde Resources Corp. (auparavant Canadian Superior Energy Inc.)
Sonde Resources Corp. (auparavant Canadian Superior Energy Inc.) En mai 2010, Siskinds LLP et Jensen Shawa Solomon Duguid Hawkes LLP ont intenté un recours collectif proposé contre Sonde Resources Corp., auparavant Canadian Superior Energy Inc. (« Sonde Resources »). Le recours nomme également comme intimés Challenger Energy Corp. (« Challenger ») et certains dirigeants de...
Continue reading the post titled Sonde Resources Corp. (auparavant Canadian Superior Energy Inc.)Going to court in Ontario: Commencing a legal application in a commercial litigation dispute
What is a Legal Application? A legal application refers to the form of the court procedure used to resolve a legal dispute. An application differs from a legal action. An action is the standard legal process that most people are familiar with. While an action concludes with a trial before a judge with live witnesses,...
Continue reading the post titled Going to court in Ontario: Commencing a legal application in a commercial litigation disputeCan 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?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.
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.Raibex decision alters franchise landscape on presale disclosure
The disclosure obligations for franchisors expanded with a recent Ontario Superior Court of Justice ruling, and will change the way deals are struck in the province, says franchise lawyer Peter Dillon. In Raibex Canada Ltd. v. ASWR Franchising Corp., 2016 ONSC 5575 (CanLII), the judge found the development cost estimate provided to the franchisee was materially...
Continue reading the post titled Raibex decision alters franchise landscape on presale disclosureDivorce 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 lawyersNewly released J&J bankruptcy plan for compensating talcum powder cancer claims includes Canadian claims
A Johnson & Johnson subsidiary that is pursuing a US bankruptcy to resolve thousands of talcum powder lawsuits has filed its plan for compensating cancer victims with pending claims, and the proposed plan directly impacts the rights of Canadians. The Chapter 11 Plan of Reorganization provides the first public details of which pending cancer claims...
Continue reading the post titled Newly released J&J bankruptcy plan for compensating talcum powder cancer claims includes Canadian claimsSiskinds files proposed class action against Facebook
Note: This article was also published on AdvocateDaily.com By Rob Lamberti, AdvocateDaily.com Contributor A class-action lawsuit filed by Siskinds LLP against Facebook continues to collect plaintiffs who may have had their data scraped by Cambridge Analytica through an app on the popular social media platform, says London, Ont. privacy lawyer Peter Dillon. The lawsuit represents at least...
Continue reading the post titled Siskinds files proposed class action against FacebookGoing to court: Navigating commercial litigation in Ontario
When faced with a business-related dispute, understanding the steps involved before initiating a legal proceeding in the Ontario Superior Court of Justice is crucial to protect your rights and reaching a proper conclusion. Three main steps in a legal action Whether you’re dealing with contractual disputes, business conflicts, or financial disagreements, there are three stages...
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