The legal responsibility of vehicle owners when lending their vehicles
It is common practice to lend a vehicle to a family member or a friend. People do it without thinking twice. However, in the case of a car crash on a public road, there are legal implications not only for the driver but also for the owner of the vehicle. The Ontario Court of Appeal...
Continue reading the post titled The legal responsibility of vehicle owners when lending their vehiclesAre feelings of frustration and anger compensable in medical malpractice?
When a patient has experienced a medication error, or other medical negligence by a health care provider, it can cause stress, anxiety, and feelings of frustration and anger. Whether those feelings, or psychological upset, will amount to a compensable mental injury in law will depend on a number of factors, known as the Saadati factors[1]....
Continue reading the post titled Are feelings of frustration and anger compensable in medical malpractice?‘Canada: it’s like watching a car crash in slow motion’
Siskinds franchise lawyer Peter Dillon was featured in AdvocateDaily.com for his article in the Franchise Law Journal. See the full article below. ‘Canada: it’s like watching a car crash in slow motion:’ Dillon By AdvocateDaily.com Staff While franchising provides an effective way to distribute goods and services, foreign businesses may be dissuaded from expanding here...
Continue reading the post titled ‘Canada: it’s like watching a car crash in slow motion’Intervenor beware! – Brewers Retail v. Campbell
In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement purposes and sought its costs. This was a class action in respect of a proposed class...
Continue reading the post titled Intervenor beware! – Brewers Retail v. CampbellJ&J files new bankruptcy case to address talcum powder claims after initial bankruptcy case rejected
On April 4, 2023, Johnson & Johnson announced a new proposed plan to commit $8.9 billion USD to “resolve all claims arising from cosmetic talc litigation against the Company and its affiliates in North America” through a newly filed Chapter 11 case in a US bankruptcy court. The proposed plan relates to J&J’s talcum powder...
Continue reading the post titled J&J files new bankruptcy case to address talcum powder claims after initial bankruptcy case rejectedTechnical 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 franchisorsOntario’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 PoliciesTitle insurance: Your Title fraud security blanket
Title fraud occurs where an imposter sells or refinances your home without your knowledge. The question then becomes: if it happens without your knowledge, how can you protect yourself? We see it in the media, “Impersonators posing as homeowners linked to 32 property fraud cases in Ontario and B.C”1. Unfortunately, this is nothing new, it...
Continue reading the post titled Title insurance: Your Title fraud security blanketTech firms must follow Canadian anti-spam laws
Two tech companies were recently fined a total of $250,000 for the installation of malicious software through online ads. The case is the first where firms were fined by the Canadian Radio-Television and Telecommunications Commission (CRTC) for breaching Canada’s Anti-Spam Legislation (CASL) sending the message that the federal agency is checking on tech firms to determine...
Continue reading the post titled Tech firms must follow Canadian anti-spam lawsBeware of what you post: Navigating social media disclosure in personal injury cases
In Ontario, the law recognizes the relevance of social media content in personal injury cases. This means a plaintiff may be required to provide to the defendant any posts, photos, or other information on their social media accounts that may be relevant to the case, such as details about their physical or mental condition, activities,...
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