Wainfleet’s anti-wind turbine by-law invalid
In Wainfleet Wind Energy Inc. v. Township of Wainfleet (2013 ONSC 2194), Ontario’s Superior Court of Justice found the Township’s anti-wind by-law invalid for vagueness and uncertainty.
Continue reading the post titled Wainfleet’s anti-wind turbine by-law invalidPotential Changes to Employment Legislation May Mean Increased Liability for Franchisors
The Ontario Changing Workplaces Review’s final report is expected to be delivered in the next few weeks and, if some of the ideas contained in its interim report become law, franchisors may find themselves liable as employers of their franchisees’ employees, regardless of the franchisor’s actual level of control over the workplace. The Review began...
Continue reading the post titled Potential Changes to Employment Legislation May Mean Increased Liability for FranchisorsCree in court battle over environmental assessment and waterpower
The Divisional Court is grappling with a complex battle between two possibly overlapping First Nations over whether a Northern Ontario hydropower project is being lawfully evaluated under the Environmental Assessment Act and an agreement with three First Nations: Cree Nation (MoCreebec Council) v. Ontario. There is a conflict over the proper decision-making process for the project. As...
Continue reading the post titled Cree in court battle over environmental assessment and waterpowerConcerned About Bill 148? Have Your Say By This Friday
Yesterday, the Standing Committee on Finance and Economic Affairs’ tour of Ontario hit London to hear from the public on the changes to labour and employment legislation proposed in Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Throughout the day, the Committee considered oral presentations from nineteen parties, the majority of whom spoke on...
Continue reading the post titled Concerned About Bill 148? Have Your Say By This FridayCourt of Appeal Finds in Favour of Plaintiff in Securities Class Action
A recent decision by the Ontario Court of Appeal has provided clarity on how courts should approach secondary market misrepresentation cases at the preliminary leave stage. In Rahimi v SouthGobi,[1] the Plaintiff Paiman Rahimi (represented by Siskinds) appealed a lower court decision that had granted him leave to commence an action for misrepresentations under the...
Continue reading the post titled Court of Appeal Finds in Favour of Plaintiff in Securities Class ActionCivil Liability and COVID-19
COVID-19 mandates have become increasingly politicized over recent months. The many who descended on Parliament Hill in late January to protest COVID-related government restrictions are one extreme example of the rising dichotomy in Canada. However, what many Canadians may be unaware of is that their responsibilities under the law are far more expansive than just...
Continue reading the post titled Civil Liability and COVID-19First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank
In Dufault v Toronto Dominion Bank, 2021 ONSC 6223, the Ontario Superior Court considered the sequencing of pre-certification motions under s. 4.1 of the amended Class Proceedings Act for the first time. The amendment provides as follows: Early resolution of issues 4.1 If, before the hearing of the motion for certification, a motion is made under...
Continue reading the post titled First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion BankClimate crisis: Insurers Tell Weather Like It Is
Our federal government does not like to talk about climate change, so the Insurance Bureau of Canada has released a hard hitting report on the damage that climate change is already causing in Canada: Telling the Weather Story: Can Canada Manage the Storms Ahead? This is the same message that the National Round Table on Environment...
Continue reading the post titled Climate crisis: Insurers Tell Weather Like It IsMore on the First Environmental Penalty
By digging behind the MOE press release we have discovered: The first environmental penalty was $9,000 for suspended solids escaping in storm water to a creek, contrary to the Ontario Water Resources Act. CGC Inc. had a long -standing problem with suspended solids from its gypsum storage pile, and had promised (in 2006) to keep...
Continue reading the post titled More on the First Environmental PenaltyIt is now an environmental offence to kill birds with buildings
Ecojustice has done another important public service by prosecuting Cadillac Fairview for slaughtering migratory birds, including endangered species, with a particularly lethal set of mirrored buildings, the Yonge Corporate Centre (“YCC”) office buildings in Toronto. According to Judge Melvyn Green in Liat Podolsky (“EcoJustice”) v. Cadillac Fairview Corp. et al, CADILLAC FAIRVIEW CORP. LTD., YCC LTD. and CF/REALTY...
Continue reading the post titled It is now an environmental offence to kill birds with buildingsReceive Blog Posts
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