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Published on: 30 Jul 2013 By (Dianne Saxe)

Personal liability for officers and directors- how far?

Should company directors and officers be personally liable for contamination they did not cause? “Directors’ liability is one of the primary instruments used by policymakers to promote good corporate governance. However, … [t]he imposition of ever-increasing personal liability on directors m…

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Published on: 30 Jul 2013 By

Cy Pres Settlements (Or, How Charities Can Benefit From Class Actions)

In fall 2010, Siskinds was retained to bring a proposed class action against Toronto Hydro-Electric System Limited (Toronto Hydro) on allegations that the utility company illegally charged interest at a rate of 19.56% per year. By way of background: The Interest Act requires that where inter…

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Published on: 22 Jul 2013 By (Dianne Saxe)

Northstar directors liability to be decided by Environmental Tribunal

The Ontario Superior Court will not take over the hearing of the appeal of the former Northstar directors against their personal cleanup order for TCE contamination in Cambridge Ontario. The former directors applied to the Commercial List of the Superior Court of Justice to change the venue …

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Published on: 17 Jul 2013 By (Dianne Saxe)

Municipality can’t bring Charter challenge to wind approval rules

The Environmental Review Tribunal has quashed an attempt by a municipality to bring a Charter challenge to Ontario’s wind energy approval rules. Undoubtedly, however, the same Charter challenge will be brought soon by one or more individuals. In Municipality of North Middlesex v. Direc…

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Published on: 16 Jul 2013 By (Dianne Saxe)

No personal environmental conviction without knowledge or participation

When is an individual liable to conviction for a corporate environmental offence? The Ontario Ministry of the Environment has insisted that management personnel are automatically liable for corporate environmental offences, and has laid numerous charges on this basis. The Summary Conviction …

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