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Published on: 28 Jun 2007 By (Dianne Saxe)

NTREE adds economic facts to the fire

ย  ย  The federal government’s Clean Air Agenda has received another blow with the release of the Interim Report of the National Round Table on Environment and Economy. This eminent multi-stakeholder group, one member of which has just been nominated for a Nobel Prize, was asked for “advice on targets and scenarios for reducing emissions...

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Published on: 1 Dec 2014 By

B.C. Court: No Abuse of Water Approvals for Fracking

Becauseย fracking consumes a huge amount ofย water, Western Canada Wilderness Committee (WCWC) and the Sierra Club of B.C. recently challenged howย the B.C. government grants water use approvals to oil and gas companies. The government gives a series of short term approvals for fracking, frequently renewed, without regulatingย the cumulative water taking of an entire project. Does thisย violate...

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Published on: 31 Aug 2018 By

Franchise rescission no relief from loan obligations

Last week, Perell J. granted summary judgment to the Royal Bank of Canada (โ€œRBCโ€) for indebtedness owed by Everest Group Inc. (โ€œEverestโ€), a franchisee which had sought to rescind its franchise agreement.[1] Perell J. refused to require the bank to forebear exercising its rights until the franchisee could be refunded amounts claimed in accordance with...

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Published on: 9 Nov 2018 By

Everything is electronic: Implementing electronic delivery of franchise disclosure documents and electronic execution of documents

Everything is electronic. It certainly feels that way. Even in areas that are slow to adopt change, digital is taking over. While many franchise systems are on the cutting edge of technology in their offerings and their methods of conducting business with clients, the processes of selling franchises have taken longer to fully embrace the...

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Published on: 19 Dec 2018 By

Enforceability of Termination Clauses in Employment Contracts โ€“ Trending towards Clarity, or More Uncertainty?

It is a basic principle of employment law in Ontario that employees terminated without cause are presumed to be entitled to common law reasonable notice of termination unless the parties clearly agreed to a different notice period, typically through a termination clause in an employment agreement, that does not violate the statutory minimums prescribed by...

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Published on: 12 Dec 2013 By (Dianne Saxe)

Bill 138: Ending Coal for Cleaner Air Act, 2013

The Ontario government has introduced Bill 138, Ending Coal for Cleaner Air Act, 2013,ย ย to confirm their longstanding decision to end the use of coal at Ontarioโ€™s electricity generating facilities and to prohibit new stand-alone coal-fired generating facilities. Coal-fired electricity generating facilities are major sources of air pollution. Emissions from these facilities include: oxides of nitrogen...

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Published on: 5 Feb 2014 By (Dianne Saxe)

Telling legitimate recycling from shams

Last week’s post on “recycling” batteries by turning them into roadbed aggregate, via mill slag, raised the question of what constitutes “legitimate” recycling. The US Environmental Protection Agency has been struggling with this issue for decades; claims to turn hazardous waste inexpensively into “aggregate” have always been popular.ย Their most recent discussion of the the topic...

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Published on: 13 Feb 2014 By (Dianne Saxe)

Quebec court strikes down municipal anti-fracking bylaw

A Quebec court has struck down a Gaspe municipal bylaw that tried to prevent exploratory oil wells being drilled and fracked uncomfortably close to its drinking water supply. The court ruled that the bylaw was invalid because it prevented Petrolia Inc. from carrying out drilling specifically authorized by the province.ย  One of the drill sitesย is...

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Published on: 18 Nov 2014 By (Dianne Saxe)

INTERPOL environmental crimes unit

International environmental wildlife and pollution crimes are attracting growing attention fromย INTERPOL, partly becauseย many of themย are committed by organized crime.ย For example, in response to the recent surge of ivory tracking, INTERPOL formed a ย dedicated environmental crime team in Africa. As InterPOL puts it: “Environmental crime is a serious and growing international problem, and one which takes...

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Published on: 7 Feb 2018 By

Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis

The recent decision in Seepa v Seepa, 2017 ONSC 5368 contains observations that may have an impact on future Will challenges under Rule 75.06 of the Rules of Civil Procedure and in particular, on the materials that must be placed before the court in the โ€œMotion for Directionsโ€, which typically initiates a Will challenge. The...

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