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 ResourcesDoes 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?Pollution 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?Receiving 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 ProgramMajor Victory for Lafarge Neighbours and ECO
The Ontario Divisional Court has given a resounding victory to the Environmental Review Tribunal and to neighbours who oppose tire burning at the Lafarge cement plant in Bath. Last spring, the ERT granted neighbours leave to appeal two certificates of approval, issued by the Ministry of the Environment to allow Lafarge to burn tires at...
Continue reading the post titled Major Victory for Lafarge Neighbours and ECOFines for Individuals
Three recent cases neatly illustrate the experience of many individuals charged with environmental offences.
Continue reading the post titled Fines for IndividualsHuge fine and jail for drinking water violations in township
The small Municipality of West Elgin (pop. 5,157) and three of its water distribution system operators were fined $154,500 in St.Thomas Provincial Offences Court for drinking water violations, including providing false information and failing to report adverse test results. One of the operators was sentenced to 30 days in jail and stripped of his right...
Continue reading the post titled Huge fine and jail for drinking water violations in townshipLab fined for late notice
On August 26, 2010, ALS Canada Ltd. pleaded guilty to one violation under the Safe Drinking Water Act for failing to immediately notify the Ministry of the Environment, as well as the Medical Officer of Health, of adverse drinking water test results in a sample that had analyzed.
Continue reading the post titled Lab fined for late noticeHas 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)Another anti-wind appeal dismissed by Tribunal
The Ontario Environmental Review Tribunal has dismissed yet another anti-wind appeal, in 14-059 GILLESPIE V. MOE. This upholds the renewable energy approval issued to the Goshen Wind Energy Centre, up to 63 wind turbines, with a generation capacity of 102 megawatts, located in Bluewater and South Huron, Huron County, Ontario. By now, so many of the anti-wind...
Continue reading the post titled Another anti-wind appeal dismissed by TribunalReceive Blog Posts
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