Getting it right in Ontario courtsโ treatment of honoraria โ Doucet and Redublo
In the event of a successful monetary settlement in a class proceeding, courts may order that additional compensation, in the form of a payment called an honorarium, be paid to a representative plaintiff who has meaningfully contributed to advancing litigation on behalf of the class. Honoraria have not been awarded routinely in Ontario. The case...
Continue reading the post titled Getting it right in Ontario courtsโ treatment of honoraria โ Doucet and RedubloWhat is a fair share? Sometimes, nothing
In a recent decision, the Ontario Superior Court denied a paralegalโs motion to be paid for efforts of questionable significance Class actions often involve matters of public interest. In some cases, this might drive multiple individuals to initiate separate lawsuits or class actions involving the same subject matter. Courts and the legislature are familiar with...
Continue reading the post titled What is a fair share? Sometimes, nothingBerendsen Changes the Rules for Contaminated Sites
Every so often, a court decision changes the rules. Everyone interested in contaminated sites needs to understand what Berendsen v. Ontario has changed.At first glance, there is nothing unusual about the facts. Farmer buys land for dream dairy farm. The cows become sick; he loses money. He blames contamination, from waste asphalt buried on the...
Continue reading the post titled Berendsen Changes the Rules for Contaminated SitesQuick approvals for green energy projects
Ontario has decided that it is more important to get green projects built than it is to have better environmental assessments of them.
Continue reading the post titled Quick approvals for green energy projectsCourt of Appeal Finds in Favour of Plaintiff in Securities Class Action
A recent decision by the Ontario Court of Appeal has provided clarity on how courts should approach secondary market misrepresentation cases at the preliminary leave stage. In Rahimi v SouthGobi,[1] the Plaintiff Paiman Rahimi (represented by Siskinds) appealed a lower court decision that had granted him leave to commence an action for misrepresentations under the...
Continue reading the post titled Court of Appeal Finds in Favour of Plaintiff in Securities Class ActionWaterpower is not always green
I’ve supported renewable energy for more than 30 years, even before my years as legal counsel for the Ministry of Energy. And I’m a strong supporter of the Green Energy Act. But every type of energy generation has drawbacks, and none of them are suitable everywhere. Most solar, wind and biomass renewable energy projects need...
Continue reading the post titled Waterpower is not always greenTattoos and Trustworthiness โ Discrimination for Decoration?
Do you have tattoos?ย Do you trust professionals with tattoos? Fashion is constantly changing and more and more people have tattoos and are displaying them in the workplace. In her latest blog post Beth Traynor looks at a 2012 Labour Arbitration decision on whether or not a hospital could ban visible tattoos as part of...
Continue reading the post titled Tattoos and Trustworthiness โ Discrimination for Decoration?"Resource Recovery" not "Waste Management"
What’s in a name? The Ontario Ministry of Environment and Climate Change has renamed its longstanding Waste Management Policy Branch the “Resource Recovery Policyย Branch“. The renaming is part of Minister Glenn Murray’s vision of a low-carbon circular economy, and of waste management as part of his action on climate change. Meanwhile, the Resource Recovery Policyย branch...
Continue reading the post titled "Resource Recovery" not "Waste Management"Second shoe falls: flyrock discharge after Castonguay
If every rock that flies through the air, and does damage, is a "pollution" offence, what else is?
Continue reading the post titled Second shoe falls: flyrock discharge after CastonguayU.S. Pentagon: Climate Change an Immediate Security Threat
The U.S. Pentagon’s latest report, the 2014 Climate Change Adaptation Roadmap, callsย climate change an immediate threat to national security. The forward, by U.S. Defense Secretary Chuck Hagel,ย sets the tone:ย โRising global temperatures, changing precipitation patterns, climbing sea levels, and more extreme weather events will intensify the challenges of global instability, hunger, poverty, and conflict. They will...
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