Missed documents in public participation undermine compost downzoning bylaw
The British Columbia Court of Appeal has struck down a downzoning bylaw to eliminate composting at a licenced composting business: Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District).
Continue reading the post titled Missed documents in public participation undermine compost downzoning bylawNew Canadian environmental assessment: a rose by any other name?
Officially, the Canadian Environmental Assessment Act, 2012, has abolished most federal environmental assessment screenings, but the practical effect is less than it appears. Parks Canada, for example, has simply replaced the old Canadian Environmental Assessment Act process with its new, nonstatutory, “Environmental Impact Assessment” process. The new process looks a lot like the old screening...
Continue reading the post titled New Canadian environmental assessment: a rose by any other name?Double Jeopardy Also Applies to Employee Discipline
I recently came across the Ontario decision of Garreton v. Complete Innovations Inc.[1] from earlier this year. While an interesting read for a number of employment reasons, it is a good reminder to employers that “double jeopardy” also applies to employee discipline. The relevant facts in this case are simple. Marcela Garreton had been employed by...
Continue reading the post titled Double Jeopardy Also Applies to Employee DisciplineSmart regulation: if regulators studied psychology
How would environmental regulation be different if our regulators were up to date on current research in psychology and neuroscience? A leading American legal scholar and member of the Obama Administration, Cass Sunstein, published a detailed analysis in the University of Chicago Law Review. His bottom line?
Continue reading the post titled Smart regulation: if regulators studied psychologySlips, Trips and Falls: Understanding Occupiers’ Liability
What is Occupiers’ Liability? In Ontario, the Occupiers’ Liability Act governs all claims relating to occupiers’ liability. Anyone who is in physical possession of a property, or has responsibility for and control over a property (the “occupier”) owes a duty of care to take reasonable precautions to ensure that all persons are reasonably safe while...
Continue reading the post titled Slips, Trips and Falls: Understanding Occupiers’ LiabilityThe Safety Dance: Right to Refuse Work Under Health and Safety Legislation
The Ontario Occupational Health and Safety Act (“OHSA”) provides workers with a number of rights, including the right to refuse work that is “likely to endanger” the worker.[1] When a work refusal occurs there are a number of procedures outlined in the legislation that must be followed and, in some circumstances, an inspector from the...
Continue reading the post titled The Safety Dance: Right to Refuse Work Under Health and Safety LegislationNew voluntary standard for carbon storage
The Canadian Standards Association has released a voluntary standard for the Geological Storage of Carbon Dioxide, CSA Z741. The CSA Z741 Geological storage of carbon dioxide standard is the first of its kind, and is intended to ensure a clear minimum standard for geologic (long-term, underground) carbon storage. It is a bi-national multi-stakeholder Canada-USA consensus standard,...
Continue reading the post titled New voluntary standard for carbon storageRecent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”
In a recent decision, Hunks v Hunks, 2017 ONCA 247, the Court of Appeal ruled that structured settlement payments received after separation to replace lost wages should be classified as “income” not “property” for the purpose of calculating equalization and support. In Hunks v Hunks, the wife was injured in an accident during the marriage....
Continue reading the post titled Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”Climate change burns while governments fiddle
Everywhere I look, I see galloping evidence of climate change. Last weekend, southern Ontario watched ski trails and ice rinks melt under the onslaught of record high temperatures and heavy rain. Spring perennials and bulbs were blooming in Toronto gardens, blooms that will be destroyed for the whole year, without setting seed, as the cold...
Continue reading the post titled Climate change burns while governments fiddleResignation: Can You Take it Lying Down?
Say you’re an employer facing the prospect of being overstaffed. Some managers have recently left your employ but their support staff remain. You meet with one of your employees to discuss some upcoming changes to their job description in light of this impending over staffing. They are upset by these changes, but the meeting ends...
Continue reading the post titled Resignation: Can You Take it Lying Down?Receive Blog Posts
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