What Upstate New York Lawyers Need to Know About Ontario Law: Enforcement of Foreign Judgments

  • On May 2, 2018
By: Cameron Fiske and David Cassin Given the proximity of upstate New York and Southern Ontario, cross-border businesses are commonplace. However, when disputes arise in connection with these cross-border businesses, New York lawyers may need to advise their clients on potential legal action in Canada. This paper provides a primer on the enforcement of foreign […]

Ontario’s Anti-Slapp Legislation Missed the Forest for the Trees

  • On April 21, 2018
By: Cameron Fiske and David Cassin The current anti-SLAPP legislation in Ontario is a perfect illustration of the maxim that the “road to Hell is paved with good intentions.”1 However, we need not despair. The law as currently drafted need not be entirely repealed. Rather, it simply needs to be revised to work efficiently and […]

Anti-Spam Class Actions and Protection of Consumers

  • On March 20, 2018
Canada’s anti-spam legislation (CASL),[1] came into effect on July 1, 2014. However, certain provisions including those that provide individuals with a private right of action against businesses engaging in spam practices have not yet come into force. CASL generally prohibits individuals and businesses from sending commercial email to Canadians without explicit consent. Readers may recall […]

Fictitious, Non-Existing, and Imaginary Friends: Bank Liability for Cheque Fraud

  • On December 11, 2017
The Supreme Court of Canada recently released its decision in Teva Canada Ltd. V TD Canada Trust, 2017 SCC 51 [Teva]. In it, the divided court found TD Canada Trust and Bank of Nova Scotia liable to Teva Canada Limited for $5.4 million dollars because of a cheque fraud carried out by a rogue Teva […]

Canadian Data Breaches on the Rise: Businesses Take Warning

  • On November 24, 2017
2017 has brought with it an increasing number of cyberattacks, resulting in significant data breaches directly affecting Canadians. While news of a new data breach is alarming on its own, the most recent data breaches have exposed highly sensitive data, much of which has been accessed by hackers before the breach is even detected. Cyberattacks […]

Uber’s Latest Data Breach: Foreshadowing at the FTC?

  • On November 22, 2017
On Tuesday evening, Uber’s CEO announced that in late 2016 the company learned hackers gained access to the personal information of over 57 million users worldwide. While the full extent of Uber’s data breach is still being uncovered, the personal information accessed in the data breach includes names, email addresses, and phone numbers, and may […]

Litigation Funding up for Discussion Again

  • On November 13, 2017
The Ontario Superior Court of Justice recently released its decision in Houle v St. Jude Medical Inc., 2017 ONSC 5129 [Houle]. In it, Justice Perell conditionally approved a litigation funding agreement between the representative plaintiffs, class counsel and Bentham IMF Capital Inc., a global litigation funding company. The court’s decision in Houle has important implications […]