Cross-Border Cooperation in Class Action Litigation
This is an excerpt from an article written by Siskinds Class Action lawyers Ron Podolny and Daniel Bach and originally published by the American Association for Justice. Introduction Counsel in Canada and the U.S. frequently pursue parallel class actions on the basis of identical allegations, against the same defendants. For instance, most defective consumer products that...
Continue reading the post titled Cross-Border Cooperation in Class Action LitigationCompetition Class Actions Cross The Pond
North American style “opt-out” class actions are finally coming to the UK, albeit with a number of unique procedural and substantive modifications. The recent amendments contained in the Consumer Rights Act 2015, which amends the Competition Act 1998, signal a historic shift toward class proceedings. The Consumer Rights Act 2015 introduces the mechanism of “collective...
Continue reading the post titled Competition Class Actions Cross The PondPCB in my fish oil?
Are fish oil supplements safe? The Mateel Environmental Justice Foundation doesn’t think we know enough to tell. In March, the Foundation filed a lawsuit against fish oil supplement manufacturers, distributors and retailers, claiming that they fail to give clear warnings, required by California law, that some of these products expose consumers to high levels of...
Continue reading the post titled PCB in my fish oil?Biomass and the Green Energy Act
Renewable energy approvals will be much more demanding for the MOE (and the Environmental Review Tribunal) than anything they do now.
Continue reading the post titled Biomass and the Green Energy ActEnvironmental penalties gaining steam
Ontario’s environmental penalties regime for spills is gathering steam. The final count for 2009 was 13 penalties totalling $112,143.20, most under the Environmental Protection Act. The highest penalty was $23,750. Thirteen more penalties have already been issued in the first four months of 2010, totalling $77,003.
Continue reading the post titled Environmental penalties gaining steamClass Action Update
Another attempt to seek environmental health damages in a class action has failed. The federal government, Dow and Pharmacia are facing class actions across the country relating to herbicides used at its military base in Gagetown, New Brunswick.
Continue reading the post titled Class Action UpdateWhy isn't industry more worried about Reg. 419/05?
If wildly improbable events are the benchmark for measuring compliance, industrial facilities in urban locations will rarely “comply”.
Continue reading the post titled Why isn't industry more worried about Reg. 419/05?Reg. 419/05: is it better to be "conservative" or accurate?
As Reg. 419/05 is being rolled out, the MOE insists on being much more "conservative", not "accurate", in evaluating emissions. The result: many facilities are suddenly deemed to be breaking the law.
Continue reading the post titled Reg. 419/05: is it better to be "conservative" or accurate?New brownfields standards coming soon
Ministry of the Environment staff are seeking approval for proposed changes to the brownfields regulation, 153/04. Last year, the MOE proposed far-reaching changes, including: much more stringent generic cleanup standards, to be phased in 12 months later, a more flexible Tier 2 for risk assessment,
Continue reading the post titled New brownfields standards coming soonThe New Reality – Summary Judgment Motions
Following a recent decision, Michael Polvere describes why the old adage “I’ll get my day in court”, in the traditional sense, has changed. While much has been written by lawyers, and between lawyers, about the ground breaking case, Hryniak v Mauldin,[1] which was decided by the Supreme Court of Canada in January of this year;...
Continue reading the post titled The New Reality – Summary Judgment MotionsReceive Blog Posts
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