Sidewalks: Do you have to shovel them?
Most homeowners are aware that they do not own the sidewalk that surrounds their property – the municipality does. But as winter sets in and snow starts to fall, what does this mean for you? Generally speaking, homeowners are not legally responsible for the maintenance of sidewalks surroundi…
View the post titled Sidewalks: Do you have to shovel them?Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly
Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out…
View the post titled Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and CostlyCanada's Largest Environmental Penalty
On November 5, 2018 Irving Pulp & Paper (“Irving”) was ordered to pay a penalty in the amount of $3.5 million for three offences under the Federal Fisheries Act. The fine of $3.5 million represents one of the largest fines issued by the federal government relating to an environmental o…
View the post titled Canada's Largest Environmental PenaltyEmployers: Post and Distribute the Updated ESA Poster
Under the Employment Standards Act, 2000 (“ESA”), employers must post a copy of the most recent employment standards poster (“ESA Poster”) prepared by the Ministry of Labour in a “conspicuous place” in the workplace. The Ministry of Labour has just released a new version of the ESA Poster, w…
View the post titled Employers: Post and Distribute the Updated ESA PosterIntervenors Permitted for Carbon Pollution Pricing Case
Today the Court of Appeal granted intervenor status to both individuals and organizations in the Ontario Reference case scheduled to be heard for April 15 – 18. The Province of Ontario has filed a reference case challenging the federal carbon pollution plan after cancelling Ontario’s emissio…
View the post titled Intervenors Permitted for Carbon Pollution Pricing CaseYear in Review – Umbrella Purchasers
Overview Over the last several years, the Ontario and British Columbia courts have grappled with significant issues affecting the scope and viability of price-fixing class actions. One of these issues is whether “umbrella purchasers” have a cause of action in a price-fixing conspiracy class …
View the post titled Year in Review – Umbrella PurchasersOntario Extends Moratorium on Issuing Water Taking Permits to Bottled Water Companies
On December 21, 2018, the Ministry of the Environment, Conservation and Parks posted its decision to extend the moratorium on issuing water taking permits to bottled water companies until January 1, 2020. Pursuant to section 34 of the Ontario Water Resource Act, water bottling facilities mus…
View the post titled Ontario Extends Moratorium on Issuing Water Taking Permits to Bottled Water CompaniesNew York State Sues Companies for $38M in Remediation Costs
In June 2018 the State of New York sued 3M Co. and five other companies for the costs associated with the remediation of hazardous materials caused by the firefighting foam manufactured by these six companies. This is the first lawsuit of its type filed by a U.S. state against private compan…
View the post titled New York State Sues Companies for $38M in Remediation CostsUber Decision Calls into Question Arbitration Clauses in Commercial Agreements
The news media has widely reported the Ontario Court of Appeal’s January 3, 2019 decision allowing a class-action by Uber drivers to proceed. The decision does not answer the question of whether Uber (and UberEATS) drivers should be considered employees or independent contractors (a conclusi…
View the post titled Uber Decision Calls into Question Arbitration Clauses in Commercial AgreementsBlue Heron Deaths Results in $2.75M Fine
On January 2, 2019 Syncrude Canada Ltd. pled guilty in the Alberta Court to one count of violating the Migratory Birds Convention Act, 1994 along with several provincial charges. An abandoned sump pond by Syncrude at one of its oilsands mines north of Fort McMurray resulted in the death of 3…
View the post titled Blue Heron Deaths Results in $2.75M FineReceive Blog Posts
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