Endangered Species Regulation Upheld at Court of Appeal
In a decision released last month, Wildlands League v Ontario (Natural Resources and Forestry), 2016 ONCA 741, the Court of Appeal has held that a regulation made under the Endangered Species Act (“ESA”) is valid. The regulation exempts certain industrial activities from the ESA’s prohibitio…
View the post titled Endangered Species Regulation Upheld at Court of AppealOngoing Evolution in the Law of Termination Provisions
Recent case law continues to address the enforceability of contractual provisions which try to limit employees’ entitlements on termination. Lawyers for terminated employees are keen to attack the validity of these clauses in an attempt to remove any cap on entitlements and extend the reason…
View the post titled Ongoing Evolution in the Law of Termination ProvisionsBeware the Employee Who Signs Too Quickly
Purchasing peace of mind against future litigation by offering a dismissed employee an exit package in exchange for a signed release is a common (and usually good) practice for employers. However, the B.C. Supreme Court’s recent decision in Saliken v. Alpine Aerotech Limited Partnership remi…
View the post titled Beware the Employee Who Signs Too QuicklyERT 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…
View the post titled ERT concludes turbine project will cause serious harm to human healthOntario’s Human Rights Tribunal forges its own path on family status
The Ontario Human Rights Tribunal says it has “clarified” its test for discrimination on the basis of family status. Noting it is not bound by the decisions of other tribunals or courts outside Ontario, the Tribunal has now gone back to basics, but whether the test is any more clear remains …
View the post titled Ontario’s Human Rights Tribunal forges its own path on family statusWhen 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…
View the post titled When is a pit a “pit”?More Stringent Regulatory Requirements – Water Taking
The Ministry of the Environment and Climate Change (“MOECC”) has posted a draft regulation to the Environmental Registry proposing to establish a moratorium on the issuance of new or increasing permits to take water for the purposes of water bottling. We previously blogged about the water ta…
View the post titled More Stringent Regulatory Requirements – Water TakingClient’s late filing claim represents high standard for counsel
Note: This article was also originally published on AdvocateDaily.com A lawyer’s allegation that his former law firm’s late filing of a statement of claim cost him the chance to sue a car company for his difficulties in establishing a dealership, would represent a high standard for lawyers i…
View the post titled Client’s late filing claim represents high standard for counsel$65,000 in Fines for Importing Prohibited Small Engines
On September 14, 2016, a gas-powered equipment merchant was ordered to pay fines totalling more than $65,000 for violating the Off-Road Small Spark-Ignition Engine Emission Regulations under the Canadian Environmental Protection Act (“CEPA”). The company owner plead guilty to four counts of …
View the post titled $65,000 in Fines for Importing Prohibited Small EnginesInjured by an Unidentified Driver? A Case Summary of Shapiro v. Doe
Shapiro v. Doe[1] reiterates what a plaintiff must prove when they are injured by an unidentified motorist. The plaintiff in this case stated that he was struck by an unidentified vehicle while crossing the street. He claimed insurance benefits from his father’s insurer, Economical Mutual In…
View the post titled Injured by an Unidentified Driver? A Case Summary of Shapiro v. DoeReceive Blog Posts
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