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Published on: 27 May 2013 By (Dianne Saxe)

$500,000 Fisheries Act fine for illegal pesticide use on salmon farm

Kelly Cove Salmon Ltd. pleaded guilty to violating theย Fisheries Act.ย Its illegal use of a pesticide contributed to substantial lobster kills in southwestern New Brunswick. The court ordered Kelly Cove Salmon Ltd. to pay a total of $500,000, one of the largest and most significant penalties ever levied in Canada under theย Fisheries Act. $50,000 of the...

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Published on: 18 Jan 2021 By

Naturopathy, medical cannabis, and other โ€˜novelโ€™ treatments are acceptable within the Ontario Statutory Accident Benefits Schedule

Being injured in a motor vehicle collision is already a challenge. Those who seek support from naturopaths, medical cannabis, or other โ€˜novelโ€™ treatments to aid in their recovery may feel added stress as to whether the treatment they seek will be approved, and paid for, within the scheme of the Statutory Accident Benefits Schedule. The...

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Published on: 20 Nov 2020 By

Courts reject โ€œimprovidentโ€ settlement in CHL class actions

Recent settlement approval decisions issued by the Ontario, Alberta and Quebec courts provide useful commentary on the appropriate scope of a release in a class action settlement. Class actions were commenced in Ontario, Alberta and Quebec concerning the employment status of major junior hockey players in the Canadian Hockey League (including the Ontario Hockey League,...

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Published on: 28 Feb 2012 By (Dianne Saxe)

Soot: another path to climate action… if we take it

What’s the best way to slow climate change? Governments have mostly wasted the last twenty years, conspicuously failing to effectively reduce the greenhouse gases in the Kyoto Protocol basket (ย CO2,ย methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulphur hexafluoride). Maybe we can do better on soot – also known as particulate air pollution, which is easier and...

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Published on: 5 Oct 2020 By

Leaves, layoffs and terminations: COVIDโ€™s impact on Ontarioโ€™s workplaces

In the ever-changing employment law landscape of 2020, it can be hard to keep pace and understand your options and responsibilities for your workforce. This blog will discuss some of our clientsโ€™ frequently asked questions about leaves, layoffs and terminations. Covid Related Leaves of Absence The COVID pandemic does not give employees an automatic right...

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Published on: 3 Dec 2018 By

Rooney v ArcelorMittal: the Superior Court confirms the suitability of Oppression Claims for Certification

In Rooney v ArcelorMittal[1], the Plaintiffs sought certification of a proposed shareholder class action arising out of the events leading up to the successful takeover of Baffinland Iron Mines Corporation (โ€œBIMโ€). The key issue in dispute was certification of claims for relief from oppression pursuant to section 248 of Ontarioโ€™s Business Corporations Act[2]. Justice Rady,...

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Published on: 2 Feb 2018 By

A โ€˜dose of pragmatismโ€™ from Court of Appeal

By Peter Dillon for AdvocateDaily.com Ontarioโ€™s Court of Appeal released its much-anticipated decision in thisย caseย on Jan. 25, 2018. I say much-anticipated because the summary judgement decision of Justice Wendy M. Matheson of the Superior Court of Justice had thrown the proverbial wrench into the works of most franchisors. Distilled version of the facts The franchise...

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Published on: 13 Aug 2013 By

Feds must disclose: will they save the endangered sage grouse?

As we wrote earlier, sage grouse are on the brink of extinction in Canada due to the destruction of their habitat, largely related to oil and gas development. The federal Minister of the Environment has refused to disclose if they will do anything about it. Last weekโ€™s Federal Court of Appeal decision will require the...

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Published on: 31 Jul 2017 By

Frustration of Employment Contract: What to Consider Before Throwing in the Towel

Like any contract, an employment contract can be โ€œfrustratedโ€ when continued performance of the contract becomes impossible or would be radically different because of a dramatic change in circumstances. Employers typically raise frustration of contract to formally end the employment relationship with employees who have been away from work for a long time and are...

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