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Published on: 28 Jan 2008 By (Dianne Saxe)

10 Things You Need to Know About Contaminated Sites

A frightening amount of money is spent every year in litigation and other anguish over contaminated sites. In terms of harm to human health and the environment, contaminated sites are far less important than clean air, clean water, climate change and urban sprawl. But because of the regulatory structure, contaminated sites pack a huge financial...

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Published on: 4 Sep 2018 By

New Fisheries Minister’s Mandate to Advance Bill C-68 – the reform of the Fisheries Act

On August 28, 2018, Prime Minister Trudeau issued a fresh mandate letter to Canada’s new Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honorable Jonathan Wilkinson, who was appointed on July 18, 2018. The minster is directed to implement and develop the Oceans Protection Plan; to achieve the government’s goal of protecting 10...

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Published on: 12 Aug 2016 By

What happens if a deceased’s will is lost? What if it has been destroyed?

Estate trustees – an individual (or individuals) appointed to administer a deceased’s estate – may find themselves unable to locate the original copy of the deceased’s Will. Perhaps the Will has been misplaced, or destroyed. What is to be done in these situations? Luckily, the Rules of Civil Procedure provide a way forward. In this...

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Published on: 3 Nov 2016 By

Beware the Employee Who Signs Too Quickly

Purchasing peace of mind against future litigation by offering a dismissed employee an exit package in exchange for a signed release is a common (and usually good) practice for employers. However, the B.C. Supreme Court’s recent decision in Saliken v. Alpine Aerotech Limited Partnership reminds employers that to rely on that release, it is important...

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Published on: 1 Feb 2017 By

E-Discovery Software useful for small cases

The use of electronic discovery software in litigation with large volumes of data has become standard practice. The software allows the user to leverage analytics to better understand the data and to streamline the document review process. While we routinely use e-discovery software for our class action cases, the software is also useful for smaller cases. Efficiencies can...

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Published on: 3 Apr 2008 By (Dianne Saxe)

New Rules on QPs

The MOE has pushed ahead with its regulation to restrict Environmental Site Assessments to professional engineers and geoscientists, as of October, 2009. O. Reg. 66/08 amends the definition of Qualified Person in O. Reg. 153/04. This will exclude agrologists and technologists, who now perform some ESAs. Some minor changes come into force immediately, allowing engineers...

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Published on: 28 Jun 2019 By

Federal Carbon Tax Constitutional

Today, Ontario’s Court of Appeal found that the Federal Government’s Carbon scheme is constitutional, “regulatory in nature”, and “not a tax.” The Honourable Strathy, Chief Justice of Ontario, wrote that the Act[1] “is within Parliament’s jurisdiction to legislate in relation to matters of ‘national concern’ under the ‘Peace, Order, and good Government’ (‘POGG’) clause of...

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Published on: 6 Jan 2010 By (Dianne Saxe)

New brownfields rules

The Ontario Ministry of the Environment has quietly adopted sweeping changes to the regulation of brownfields and other contaminated sites. Some of the changes were extensively reviewed with stakeholders during the past three years; others were surprises: See the 87 pages of Regulation 511/09 at http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_040153_e.htm. The most important change will be the new standards...

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