Sunrise Propane explosion – landlords added to class action
Here’s an update on the Sunrise Propane explosion in Downsview, Ontario, and the gradual progress of the class action by the aggrieved neighbours. In July 2012, the Ontario’s Superior Court of Justice certified a class action against all proposed defendants except the Teskey defendants, which owned the properties on which the Sunrise propane facility was...
Continue reading the post titled Sunrise Propane explosion – landlords added to class actionToward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.
“Get those coming up from under! Los de Abajo! Get the underdogs!” [1] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[2] I can only assume the plaintiff farmer, Adolfo...
Continue reading the post titled Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.Emerging guidance on substantial compliance Wills in 2023
Until recently, a Will in Ontario had to meet the strict formal validity requirements set forth in the Succession Law Reform Act1 (the “Act”) in order to be valid. This meant that a Will had to be in writing and signed by the testator in the presence of two witnesses who also signed the document....
Continue reading the post titled Emerging guidance on substantial compliance Wills in 2023Federal environmental law reform: expert Panel on NEB modernization releases its report
The expert panel created to study and propose solutions for reform of the National Energy Board (“NEB”) has released its report, entitled “Forward, Together: Enabling Canada’s Clean, Safe and Secure Energy Future” (“NEB Report”). The NEB Report comes on the heels of the report issued by the expert panel tasked with conducting a similar review...
Continue reading the post titled Federal environmental law reform: expert Panel on NEB modernization releases its reportCourt Allows Employer to Continue Random Drug Testing over Union’s Legal Objections
Unionized employers often face resistance when attempting to introduce drug and alcohol testing in the workplace. This is particularly true where the testing is going to be carried out at random. Employers who introduce these types of testing policies often face policy grievances challenging both the legality of the policy itself, and the employer’s right...
Continue reading the post titled Court Allows Employer to Continue Random Drug Testing over Union’s Legal ObjectionsVermont adopts first US GMO food labelling law
Food produced from genetic engineering should be labeled as such
Continue reading the post titled Vermont adopts first US GMO food labelling lawNo personal environmental conviction without knowledge or participation
When is an individual liable to conviction for a corporate environmental offence? The Ontario Ministry of the Environment has insisted that management personnel are automatically liable for corporate environmental offences, and has laid numerous charges on this basis. The Summary Conviction Appeal Court disagrees. For personal liability, individual defendants must either participate in committing the...
Continue reading the post titled No personal environmental conviction without knowledge or participationCourt Grants Leave to Appeal on Umbrella Purchaser Issue
Fanshawe College of Applied Arts and Technology v Hitachi, Ltd., 2017 ONSC 2791 In Fanshawe v Hitachi, the plaintiff alleges that the defendants engaged in a conspiracy to fix the prices for CRT (an older technology used in televisions and computer monitors). The plaintiff alleges breach of the Competition Act, RSC 1985, c C-34 (the “Competition...
Continue reading the post titled Court Grants Leave to Appeal on Umbrella Purchaser IssueDo Employers Have Human Rights Obligations to Former Employees?
Two sisters from Inuvik Native Bands were employed by White Tornado Cleaning Services, owned by Rhonda Sallows. Their employment ended when they both quit, in response to allegedly being yelled at repeatedly by Ms. Sallows. Ms. Sallows subsequently told the sisters that she was decreasing their pay rate to minimum wage for their last day...
Continue reading the post titled Do Employers Have Human Rights Obligations to Former Employees?What Does it Take to be a Representative Plaintiff in a Class Proceeding?
In most class actions, class counsel represent class members in Court. One class member, the “representative plaintiff,” has important responsibilities with special duties to absent class members. Ontario’s class proceeding legislation requires that each class action have a representative plaintiff who: (i) would fairly and adequately represent the interests of the class; (ii) has produced...
Continue reading the post titled What Does it Take to be a Representative Plaintiff in a Class Proceeding?Receive Blog Posts
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