Directors; Officers Liability Expands Again
In July 2013, we reported that the Ministry of Economic Development, Employment and Infrastructure was proposing to recover costs incurred by the Crown from former directors and officers of forfeited property of dissolved corporations. Now it is enshrined in law, under Ontario’s recently passed Bill 144, Budget Measures Act, 2015 (Schedule 7). On December 10, 2015, the Forfeited Corporate Property Act, 2015...
Continue reading the post titled Directors; Officers Liability Expands AgainUnderstanding how damages are assessed in a personal injury case (updated)
Introduction One of the first questions people ask when they are considering their legal rights following a motor vehicle accident, slip and fall, or any other kind of injury, is “What is my case worth?” The fact is, it is difficult to assess damages in the early stages of a case. In most circumstances the...
Continue reading the post titled Understanding how damages are assessed in a personal injury case (updated)50 years of mercury pollution: Grassy Narrows
Fifty years ago last month, in March 1962, Dryden Chemicals began dumping an estimated 10 metric tonnes of mercury into the Wabigoon River, contaminating the fish which formed the subsistence and economy of three Indigenous communities Asubpeeschoseewagong (Grassy Narrows), Wabaseemoong (White Dog), and some members of Wabauskang who lived at Quibell. Half a century later...
Continue reading the post titled 50 years of mercury pollution: Grassy NarrowsResidents get leave to appeal landfill closure
Where evidence indicates that the landfill may be causing contamination, a precautionary approach requires that the harm be presumed to be occurring unless and until there is concrete evidence that it is not. In situations where scientific uncertainty exists as to whether an activity is having an adverse effect, the precautionary principle requires that it should be considered to be as hazardous as it could be.
Continue reading the post titled Residents get leave to appeal landfill closureWhittling Down Our Testamentary Freedom
Testamentary freedom – the principle that a person of sound mind is free to leave his or her estate to whomever they like, for whatever reason, and without explanation– is a deeply entrenched notion in Canadian common law and society. However, as those of us in the estates and trust field know quite well, testamentary freedom...
Continue reading the post titled Whittling Down Our Testamentary FreedomBike Union: Jarvis EA breach?
In response to a City Council resolution to remove the Jarvis Street bike lanes that were installed in July 2010, and add a fifth reversible centre lane, the Toronto Cyclists Union sought a legal opinion whether the Project would be subject to screening under the Municipal Class Environmental Assessment (MCEA).Â
Continue reading the post titled Bike Union: Jarvis EA breach?Thorco seeks leave to appeal to Supreme Court of Canada
On January 26, 2016, Siskinds LLP filed an Application for Leave to Appeal on behalf of John Thordarson and Thorco Contracting Limited (“Applicants”), seeking leave to appeal the Ontario Court of Appeal’s decision. The court awarded Midwest Properties Ltd. judgment against the Applicants, jointly and severally, for $1,328,000 in damages under s.99 of the Environmental Protection Act. The Court also awarded...
Continue reading the post titled Thorco seeks leave to appeal to Supreme Court of CanadaOCA agrees: Ministry of Everything
When fly-rock from a blasting site hits a house, is that a “discharge” of a “contaminant” that must be immediately reported to the Ministry of the Environment Spills Action Centre? Ontario’s Court of Appeal says “yes”.
Continue reading the post titled OCA agrees: Ministry of EverythingAdvocate Role Includes Reigning in Over-zealousness On The Bench
Siskinds franchise lawyer, Peter Dillon was recently interviewed by Law Times regarding the recent Ontario Court of Appeal decision Stuart Budd & Sons Ltd. v. IFS Vehicle Distributors ULC. To read about this decision and other comments by Peter Dillon, see the AdvocateDaily.com article below. Advocate Role Includes Reigning in Over-zealousness On The Bench By...
Continue reading the post titled Advocate Role Includes Reigning in Over-zealousness On The Bench$40,000 fine for firing whistleblower
On March 22, 2012, Carica Construction Inc. was convicted on two violations under the Environmental Protection Act. The company failed to report a spill of hydraulic oil, and fired the employee who did report it.
Continue reading the post titled $40,000 fine for firing whistleblowerReceive Blog Posts
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