A Short History of Wind Litigation in Ontario
Dianne Saxe delivered a presentation to the American Bar Association on July 22, providing a comprehensive overview of wind litigation in Ontario since the Green Energy Act came into effect. She traced a number of trends in the types of wind cases that are being brought before the Environmental Review Tribunal (including the persistent failure...
Continue reading the post titled A Short History of Wind Litigation in OntarioCase Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752
A recent decision certifying a class action for prepaid payment cards demonstrates the potential of Ontario’s Consumer Protection Act and the limits of creative technical arguments at the threshold certification stage. Case Background Bernstein v Peoples Trust Company is a class action regarding certain prepaid Visa and Prepaid issued by the Defendants. The Plaintiff alleges that...
Continue reading the post titled Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752Interesting statistics on brownfields
According to the Ontario Ministry of the Environment, a significant number of Records of Site Condition has been posted to the Brownfields Environmental Site Registry since October 1 2004, when regulation 513/04 came into effect. As of early this month, a total of 1747 RSCs had been filed. Of these, 397 RSCs have been filed...
Continue reading the post titled Interesting statistics on brownfieldsCurrent processing times of grant of citizenship and proof of citizenship applications in Canada
Grant of Canadian citizenship Obtaining Canadian citizenship requires you to complete several steps and it is not a quick process. A foreign national must first become a permanent resident of Canada and meet eligibility requirements before applying for Canadian citizenship. People over the age of 18 (and some minors) must have been physically present in...
Continue reading the post titled Current processing times of grant of citizenship and proof of citizenship applications in CanadaReceiving an inheritance while on the Ontario Disability Support Program
Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support (“ODSP”) can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a financial test, with certain assets being considered exempt assets...
Continue reading the post titled Receiving an inheritance while on the Ontario Disability Support ProgramLaw or Politics?
The Federal Government filed its defence on Thursday, to Friends of the Earth’s climate change lawsuit. Last year, the three opposition parties combined to pass a Kyoto Protocol Implementation Act, now part of the law of Canada. This statute requires the Minister of the Environment to prepare a climate change action plan every year to...
Continue reading the post titled Law or Politics?Does a father have unequal rights to parent?
In family law, there is a long-held misconception that mothers will be favoured over fathers for decision-making responsibility (custody) and parenting time (access). Back in the 1950s, courts firmly held that young children should spend the majority of time with their mother in what was called the “tender years doctrine”. This is no longer the...
Continue reading the post titled Does a father have unequal rights to parent?Conspiracy theory: Is price-matching illegal?
Federal Court decision sheds light on the difference between unlawful conspiracies and “conscious parallelism”. You pull up to a major intersection. There’s a gas station on every corner. You notice one of the stations is raising the price on its sign by a few cents higher than its competitors. Later, you drive past the same...
Continue reading the post titled Conspiracy theory: Is price-matching illegal?There’s Gold in Them Thar Hills – Wong v Pretium Resources
Introduction Wong v Pretium Resources (“Pretium”) was a securities class proceeding premised on the issue of whether the defendant gold mining company’s failure to disclose the negative opinion of one of its mining consultants, Strathcona, amounted to an omission of a material fact, and thus an actionable misrepresentation under Part XXIII.1 of Ontario’s Securities Act,...
Continue reading the post titled There’s Gold in Them Thar Hills – Wong v Pretium ResourcesAssessing medical malpractice damages—past and future income loss
This article on past and future income loss is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessment of damages is...
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