The Rise And Fall Of Chadha v Bayer
Introduction Although numerous price-fixing conspiracy class actions have been commenced in Canada, only a relatively small number have proceeded to a contested certification motion. For those that have proceeded to a contested certification, one of the main challenges for plaintiffs has been overcoming the high evidentiary threshold established primarily by the Ontario Court of Appeal...
Continue reading the post titled The Rise And Fall Of Chadha v BayerDouble dipping
When environmental penalties when first proposed, one of the big concerns of the business community was the risk of double jeopardy: giving information to the Ministry of the Environment in the hope of minimizing an environmental penalty, only to have that same information used against one in a prosecution. In January, this issue came to...
Continue reading the post titled Double dippingOrgaworld wins organic waste odour appeal
Orgaworld Canada, a composting company, has won a hard-fought appeal for permission to compost disputed wastes at its Ottawa facility, despite MOE fears about potential odours. The disputed wastes include pet faeces, urine, and organic waste in plastic bags. In rejecting the Ministry of the Environment’s ultraconservative approach to the Orgaworld application, the Environmental Review...
Continue reading the post titled Orgaworld wins organic waste odour appealWhere Can I Bring My Family Law Application?
Before you issue an Application for relief in family law, you first need to determine the appropriate municipality in which to bring your Application. This article deals with choosing the appropriate municipality within Ontario. For a determination of whether or not Ontario should assume jurisdiction over a case (i.e. where there is a competition over jurisdiction...
Continue reading the post titled Where Can I Bring My Family Law Application?Home Insurance and the Pollution Exclusion
A BC court has upheld the pollution exclusion in a home insurance policy. The issue was the scope of the “pollution exclusion” clause in a policy of home insurance issued by the defendant, BCAA Insurance Corporation, to the plaintiff, Brian Corbould. Corbould sought a declaration of coverage for property damage that occurred when an above-ground...
Continue reading the post titled Home Insurance and the Pollution ExclusionNuisance, GHG and climate change
Today, the US Supreme Court reversed the groundbreaking decision, Connecticut v. American Power, which had allowed states, New York City and private land trusts to sue major greenhouse gas producers in nuisance, whether or not their emissions breached federal statute law.
Continue reading the post titled Nuisance, GHG and climate changePollution from distant source a nuisance?
The legal category of nuisance may be easier to use for long distance air pollution after a recent comment by the Ontario Court of Appeal. In Antrim Truck Centre Ltd. v. Ontario (Transportation), 2011 ONCA 419 (CanLII), Justice Epstein ruled that nuisance claims can be successfully made, no matter the distance between the source and the...
Continue reading the post titled Pollution from distant source a nuisance?Expropriating contaminated land
When a municipality expropriates contaminated land, can it deduct the full cost of remediating the contamination from the amount paid to the reluctant seller? Surprisingly, the answer is still not clear.
Continue reading the post titled Expropriating contaminated landDoes “I Quit” Really Mean “I Quit”?
Case law has not always been clear on what constitutes a resignation by an employee. More often than not, it seems very difficult for an employer to establish a resignation where the employee changes his/her mind down the road. However, in Kerr v. Valley Volkswagen, 2014 NSSC 27 (CanLII), the court did just that. Mr....
Continue reading the post titled Does “I Quit” Really Mean “I Quit”?Ontario’s New Drug-Impaired Driving Laws
In an effort to put an end to drugged driving, as of October 2, 2016, drug-impaired drivers face penalties matching those in place for drunk drivers. Motorists stopped by police while under the influence of drugs now face a minimum $180 penalty and immediate license suspension. In additional, impaired motorists may face criminal charges. Drivers...
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