Basic’s Alive – The Judicial Oak Weathers the Storm
For over 20 years, securities class actions in the U.S. have relied on the ‘fraud-on-the-market’ theory of reliance for investors. This was established by the 1988 case Basic Inc v Levinson. Recently some have question this theory. Earlier this week the Supreme Court released its decision in Halliburton co v Erica P John Fund. This...
Continue reading the post titled Basic’s Alive – The Judicial Oak Weathers the StormWhat should you do if you’ve been injured outside of Ontario? An update on Club Resorts Ltd v Van Breda
Introduction A motor vehicle accident is a stressful event, but if you are involved in one outside of your home province it can be even more confusing. If legal action is necessary to get the compensation you deserve, it isn’t always immediately clear if you should sue in Ontario or in the place you were...
Continue reading the post titled What should you do if you’ve been injured outside of Ontario? An update on Club Resorts Ltd v Van BredaFederal contaminated sites
In the 2012 Spring Report of the Commissioner of the Environment and Sustainable Development, the Commissioner focuses on the relationship between economic growth and environmental protection, the continuing debate often misdescribed as “jobs versus the environment.” He again concludes that the alleged tradeoff is a spurious one, and that environmental protections have major economic benefits.
Continue reading the post titled Federal contaminated sitesConsumer Protection Class Actions – Obtaining recovery for unfair business practices where individual damages are small
In Ontario, class actions are a mechanism for groups of people to seek justice. In this article, Elizabeth deBoer looks at how the Consumer Protection Act plays a role in class actions and provides examples of situations where the public can use this legislation to access justice. The Ontario Consumer Protection Act, 2002 [1. Consumer...
Continue reading the post titled Consumer Protection Class Actions – Obtaining recovery for unfair business practices where individual damages are smallNew rules on soil movement
Ontario has struggled for many years to provide clear, consistent, effective rules to govern the huge amount of soil that contractors move from place to place. Is it a product? a waste? Where can it go? How clean is clean? There is so much confusion that municipalities, such as Clarington, are now starting to pass...
Continue reading the post titled New rules on soil movementMOE wins: Kawartha Lakes must pay
innocent victims of contamination now have no defence against a Ministry cleanup order. They will be forced into the civil courts if they hope for any remedy
Continue reading the post titled MOE wins: Kawartha Lakes must payFailing to Address Workplace Health and Safety Concerns Can be Costly for Employers
Ensuring workplace health and safety is always an important priority for employers, and is even more so now that Ontario’s Occupational Health and Safety Act (the “OHSA”) places obligations on employers with respect to workplace violence and harassment. As a recent case demonstrates, employers should be diligent regarding the development and implementation of their workplace...
Continue reading the post titled Failing to Address Workplace Health and Safety Concerns Can be Costly for EmployersThe high costs of drinking and driving
As the festivities of the holiday season continue, we see many reminders to not drink and drive. The cost of drinking and driving is an incredibly high one – in both human life and financially for those who are found guilty. According to MADD Canada (Mothers Against Drunk Driving), crashes involving alcohol and/or drugs are...
Continue reading the post titled The high costs of drinking and drivingNew Minister of Environment and Climate Change
Premier Wynne announced on June 24, 2014 that Glenn Murray will be the new Minister of the Environment and Climate change. According to the announcement, this is “an expanded portfolio that will ensure Ontario can protect the gains it has made in fighting climate change, lead Ontario’s mitigation and adaptation efforts to extreme weather and strengthen its...
Continue reading the post titled New Minister of Environment and Climate ChangeUnions utilizing creative organizing strategies in the service sector
Employers should take note – Unions are using ever more creative means to engage potential members, especially in sectors with low rates of unionization. For example, the United Steelworkers are helping temporary foreign workers employed by a Tim Horton’s franchise in British Columbia in their application to the Human Rights Tribunal. The employees claim that their...
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