Waste Diversion, monopolies and competition on packaging waste
The Recycling Council of Ontario’s annual meeting February 4 began with an electrifying presentation on the huge cost savings that resulted from the German anti-trust bureau breaking up its stewardship organization’s monopoly on processing packaging waste (the majority of our blue box waste). Now the people who helped to blow up the German monopoly on processing packaging waste...
Continue reading the post titled Waste Diversion, monopolies and competition on packaging wasteInnocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill.
Continue reading the post titled Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup orderA Decade of Competition Law Class Actions: From Chadha to the ‘New Trilogy’
Abstract: The brief history of Canadian competition law class actions has been marked by a significant evolution in approach, from hesitancy to acceptance. The debate has focused on the evidentiary standard and the viability of indirect purchaser claims. Early attempts at certification in competition law class actions failed, in part, because Canadian courts imposed American...
Continue reading the post titled A Decade of Competition Law Class Actions: From Chadha to the ‘New Trilogy’What is on-premises software and how is it different from cloud computing?
If you’re starting a software company, you’re probably wondering whether you should (a) distribute the software to your end-user; or (b) run the software from the cloud while providing the end user log-in credentials to remotely access the software. This is one of the existential questions plaguing software developers. Through this blog, I’ll first describe...
Continue reading the post titled What is on-premises software and how is it different from cloud computing?Federal climate change legislation?
For the second time in a year, the federal House of Commons has passed climate change legislation put forward by the opposition parties. On June 4, the House gave third reading to Bill C-377, an Act to ensure Canada assumes its responsibilities in preventing dangerous climate change:
Continue reading the post titled Federal climate change legislation?Contaminated sites change in Provincial Policy Statement
The Ontario Provincial Policy Statement (PPS)has recently changed how it refers to contaminated sites. The PPS is the official expression of the provincial government’s policies on land use planning. It applies province-wide and “provides clear policy direction on land use planning to promote strong communities, a strong economy, and a clean and healthy environment.” What effect will the...
Continue reading the post titled Contaminated sites change in Provincial Policy StatementThe Securities and Exchange Commission amends its whistleblower program
On September 23, 2020, the US Securities and Exchange Commission (“SEC”) finalized changes to its highly successful whistleblower program (the “SEC Program”)1. Since it began, the SEC Program has paid over $500 million in total rewards to tipsters. Earlier this June, one anonymous individual was handsomely rewarded with nearly $50 million for detailed evidence about...
Continue reading the post titled The Securities and Exchange Commission amends its whistleblower programHarper promises more environmental enforcement
Prime Minister Harper promised today a substantial increase in federal environmental enforcement. Some of the proposed changes would be significant improvements.
Continue reading the post titled Harper promises more environmental enforcementWhat's an ANS?
Here’s another fun question about Reg. 511/09, the recent amendments to Reg. 153/04: what’s an “area of natural significance” (ANS)? S. 1 now defines ANS to include “an area which is habitat of a species that is classified under section 7 of the Endangered Species Act 2007 as a threatened or endangered species.” What areas...
Continue reading the post titled What's an ANS?The Ontario Court of Appeal weighs in on sexual harassment and just cause
Termination of employment for cause can seem like an unbelievably high bar for an employer to meet. Fortunately, the Ontario Court of Appeal has released two decisions in the last year that have upheld terminations for cause in circumstances involving sexual harassment and assault. Hucsko v. A.O. Smith Enterprises Limited1 involved a 62-year-old male Senior...
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