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Published on: 18 Nov 2016 By

First Fines Are Issued Under The Violence Provisions Of The OHSA

We are now starting to see the first decisions being released that deal with violations of the (fairly) new violence provisions added to the Occupational Health and Safety Act (“OHSA”). For details on those changes, you can revisit Mary Lou Brady’s blog here. Two convictions and heavy financ…

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Published on: 2 Nov 2016 By

ERT concludes turbine project will cause serious harm to human health

The Environmental Review Tribunal (“Tribunal”) has for the first time concluded that a wind turbine project would cause serious harm to human health. The Tribunal also concluded, as it did in an earlier case, that the project would cause serious and irreversible harm to an endangered bat spe…

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Published on: 28 Oct 2016 By

When is a pit a “pit”?

The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of “pit” under section 1(1) of the Aggregate Resources Act (“ARA”). AJL Janssen Landscaping (“AJL”) is a landscaping, road building, excavation, drilling, and…

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Published on: 6 Oct 2016 By

$900,000,000 Class Action launched against Ontario for flooding in Muskoka Lakes

Residents of Muskoka launched a $900,000,000 class action against the Ontario Ministry of Natural Resources and Forestry (“MNRF”) on September 14, 2016. They allege damages related to “[MNRF’s] failure to adequately manage and lower the water levels of Lake Joseph, Lake Muskoka and Lake Rous…

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Published on: 30 Sep 2016 By

A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations

The development of the common law depends on the Bar proposing something new when circumstances require. I recognize that’s not new thinking. Denning said it in 1954 and certainly better than me, in Parker: If we never do anything which has not been done before, we shall never get anywhere. …

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Published on: 29 Sep 2016 By

Limits to the intervention capability of the Quebec Class Action Fund

On September 7, 2016, the Superior Court of Quebec rendered an interesting judgment that clarified the limits of the power of intervention of the Fonds d’aide aux actions collectives (hereinafter referred to as the “Fonds”). The Fonds’s mission is to provide financial support to …

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