When can municipalities regulate environmental impacts?
Eleven years after the landmark Spraytech case, how far have municipalities been able to go in regulating environmental impacts of federally and provincially regulated activities? The people who must live closest to a resource or energy project often turn to their municipalities to protect them from health and environmental harm. Some municipalities have therefore adopted,...
Continue reading the post titled When can municipalities regulate environmental impacts?Climate change: How strong is the evidence?
Is climate change science “real science”? Can climate change experts give expert evidence in court? Canadian courts have not yet wrestled with this issue, but American courts have. The leading case is Green Mountain Chrysler v. Crombie. In 2007, the auto industry tried to prevent leading climate change experts from giving expert evidence, on the ground...
Continue reading the post titled Climate change: How strong is the evidence?Double 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 dippingEnvironmental 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 steamHas the Time Come to Amend Section 2(3)
Is it time to abandon the ninety-day rule? Has the Time Come to Amend Section 2(3) (the “Ninety-Day Rule”) of the Class Proceedings Act, 1992? Section 2(3) of the Class Proceedings Act, 1992 (CPA) requires that a certification motion be made “within ninety days.”1 The timing of the certification motion, the central focus of much...
Continue reading the post titled Has the Time Come to Amend Section 2(3)Towards a New Class Action Certification Costs Framework?
Introduction In a succession of decisions issued in November 2013, Justice Belobaba articulated a new framework for determining the appropriate level of costs to be awarded on class action certification motions.1 Citing the fundamental objective of access to justice, Belobaba J. expressed a preference for a no costs regime in class proceedings. His Honour indicated...
Continue reading the post titled Towards a New Class Action Certification Costs Framework?The 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 MotionsTerminating Employees on Job-Protected Leaves: Can I do it?
I recently blogged about the Expanding World of Job-Protected Leaves. In short, over the course of the last 12 years, new job-protected leaves have been added to the Employment Standards Act, 2000 (the “ESA”) at an ever-increasing pace. Employers sometimes call me expressing concern about such leaves. Business conditions have changed. Performance concerns have arisen. Employers need flexibility to...
Continue reading the post titled Terminating Employees on Job-Protected Leaves: Can I do it?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 soonToxic toys?
Even very responsible companies can stock products that may be harmful.
Continue reading the post titled Toxic toys?Receive Blog Posts
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