What Waddell Phillips has been making the news for lately.
Oct 21, 2020 – Waddell Phillips has co-signed an amicus brief filed at the Supreme Court of the United States in Nestlé USA, Inc. v. Doe I. The brief can be read here: https://www.supremecourt.gov/DocketPDF/19/19-416/158368/20201021124552826_Nestle%20Amicus%20Brief.Final.October.20.2020.pdf
The plaintiff/respondents in this case are former enslaved children who were kidnapped and forced to work on cocoa farms in the Ivory Coast for up to fourteen hours without pay. This case is regarding whether this claim can be properly determined by courts in the United States.
The amicus brief argues that 1) international law allows states to exercise jurisdiction over their citizens, including corporations, regardless of where they operate, and 2) foreign states, including Canada, routinely assert jurisdiction over domestic corporations regardless of where they operate.
September 26, 2020 – Cory Wanless and his clients featured in The Intercept regarding a lawsuit against Hudbay Minerals Inc. for the alleged gang-rapes of 11 Mayan Q’eqchi’ women at a Canadian owned mine in Guatemala.
“[Rosa Elbira Coc Ich] and the others are now suing Hudbay Minerals Inc., a Toronto-based mining company that bought Skye in 2008, acquiring Skye’s legal liability. During the ongoing lawsuit, the women’s lawyers obtained the emails, photos, and other documents cited in this story through the discovery process and filed them in court as exhibits in an affidavit.”
Read the full article here.
July 22, 2020 – Waddell Phillips lawyer Cory Wanless has teamed up with Promise Holmes Skinner to launch a lawsuit against the Ontario Provincial Police on behalf of two First Nations men, Randall May and Aaron Keeshig, regarding a violent police take-down, assault and arrest. The lawsuit alleges the police committed racial profiling, Charter violations, assault, battery and wrongful arrest.
CBC News – “’Illegal assault’ on First Nations brothers by police caught on video was racist, lawsuit alleges https://www.cbc.ca/news/indigenous/first-nations-police-video-lawsuit-1.5661097
CBC News: The National – https://www.youtube.com/watch?v=RyxI5DG49BE
Barrie Today – Indigenous men recount altercation with OPP that sparked lawsuit https://www.barrietoday.com/police-beat/indigenous-men-recount-altercation-with-opp-that-sparked-lawsuit-video-2598573
Cory Wanless was recently nominated for Canadian Lawyer’s Top 25 Most Influential Lawyers in Canada in the Human Rights, Advocacy and Criminal category. Vote for him here, conveniently located at the bottom of the fourth page: https://www.surveymonkey.com/r/CL-Top25MostInfluential-2020 . Voting closes June 5, 2020.
From his nomination:
“Wanless was counsel in Maxwell-Crawford v TTC, the case where a young Black man was tackled to the ground by three TTC officers, without cause, causing the plaintiff serious injury. The systemic racism of the TTC was broadly exposed through this action, and it was ultimately acknowledged publicly by the TTC chairperson…
A Canadian mining company that is a majority owner in a mine in Eritrea may be sued for alleged abuses that occurred in that country, the Supreme Court of Canada ruled on Friday. The Court’s ruling holds that corporations can be held liable in civil law for breaches of international law, and that the act of state doctrine is not a bar to the claim. The decision stands to have implications for Canadian companies with operation abroad, notably in the resources, technology and armaments sectors.
“It’s important, because there are a number of corporate accountability lawsuits that are proceeding in Canadian courts right now,” says Cory Wanless of Waddell Phillips PC in Toronto, who was lead counsel for the intervener International Human Rights Program of the University of Toronto Faculty of Law before the Supreme Court.
[A] “big takeaway” from this decision “is that the Supreme Court showed a real willingness to take seriously international human rights law,” Wanless adds, and “a real willingness to engage in these novel questions or how international human rights law should be applied against corporations for breaches of international law.”
Read the full article here.
TORONTO, Dec. 19, 2019 (GLOBE NEWSWIRE) — Waddell Phillips PC and Klein & Schonblum Associates have launched a national privacy breach class action against LifeLabs and associated companies on behalf of the estimated 15 million Canadians whose personal information, including highly sensitive health information, was compromised in a cyber attack. The cyber criminals demanded, and LifeLabs subsequently paid, an undisclosed amount as a ransom in an attempt to secure the data. The compromised information includes, but is not limited to, medical lab test results, health card numbers, names, addresses, emails, login information, passwords, and dates of birth.
LifeLabs is one of the largest medical testing companies in the world, providing diagnostic medical testing services, including specimen collection, laboratory testing, and reporting of results to patients and health practitioners, across Canada. Each year, LifeLabs performs over 112 million laboratory tests on Canadians.
It was not until December 17, 2019, almost two months after the attack occurred, that LifeLabs first made a public announcement about the attack and the subsequent privacy breach.
“Health care records, and in particular lab test results, are some of the most private and sensitive personal information a company can hold. Unauthorized access and use can be devastating,” said David Fogel, a lawyer with Klein & Schonblum Associates. “It is extremely distressing that not only did LifeLabs fail to protect the personal health information of its clients, but that it took them almost two months to tell the public about it.”
“The scale of the LifeLabs privacy breach is truly massive – it affects over three quarters of all Ontarians and British Columbians,” said Cory Wanless, a lawyer with Waddell Phillips. “Basically anyone in Ontario or BC who has gone for any form of medical testing over the past several years is affected.”
The class action team is being led by Margaret Waddell. Ms. Waddell, founding partner of Waddell Phillips, is recognized by multiple lawyer ranking agencies as a leader in plaintiff-side class actions, and has acted as class counsel on a number of prominent cases.
Further information regarding the proposed class action will be posted as it becomes available at www.waddellphillips.ca/class-actions/
Waddell Phillips PC
Klein & Schonblum Associates