Western Chorus Frog Stops Development
The western chorus frog weighing approximately one-gram and measuring 2.5 centimetres from its nose to its back end stopped a private development proposal. The western chorus frog was listed as threatened species under the Species at Risk Act (“SARA”) in 2010. It is estimated that approximately 90 percent of the frog’s historical range in Southern...
Continue reading the post titled Western Chorus Frog Stops DevelopmentCAROM V BRE-X MINERALS LTD: A Shocking Case Deserves A Shocking Conclusion
In her forthcoming article, The “Illusion of Compensation”: Cy près Distributions in Canadian Class Actions, class actions scholar, Professor Jasminka Kalajdzic, brings to comprehensive light the rather desultory state of cy près settlement jurisprudence in Canada.1 Professor Kalajdzic notes that, in recognition of its parallel landscape, the U.S. Supreme Court is awaiting an appropriate case...
Continue reading the post titled CAROM V BRE-X MINERALS LTD: A Shocking Case Deserves A Shocking ConclusionProtecting Your Brand
Stacey Bothwell asks the question, “Are you protecting your brand properly? Â How do you distinguish your goods and services from others in the marketplace? Is it a quirky logo? Is it a coined word? Is it a piece of property that you have adequately protected? Are you protecting your brand? Nike spends millions of...
Continue reading the post titled Protecting Your BrandCan MLM businesses ever sell on third-party sites? Never say never.
Every MLM business knows that selling products through third-parties such as Amazon or eBay should never be allowed… but is this actually the case? What if MLM companies did sell products in big box stores or on Amazon? This blog post considers the legal and practical consequences of when an MLM company does exactly that....
Continue reading the post titled Can MLM businesses ever sell on third-party sites? Never say never.Online presence for physicians: Appropriate use of social media
Our interactions and presence on social media have continued to increase, especially during the pandemic when the need and desire to stay connected with one another has been heightened. Many professionals, including physicians, use social media in their practice as an effective tool to communicate and interact with colleagues and patients, market their practice and...
Continue reading the post titled Online presence for physicians: Appropriate use of social mediaBill 83: Anti SLAPP law at last
Ontario is finally introducing an anti SLAPP law later today, the Public Participation Act, 2013. We worked hard to reach this result, through the Ontario Bar Association, and in cooperation with other stakeholders. Lets hope it is acceptable to the NDP and will be passed with their support.
Continue reading the post titled Bill 83: Anti SLAPP law at lastCarnival Shut Down for Air Pollution Health Hazard
In August 2012, the Health Services Appeal and Review Board (HSARB), for the first time ever, held air pollution (aside from second hand smoke) to be a “health hazard” under Ontario’s Health Protection and Promotion Act (HPPA). Air Pollution Health Hazard Under section 13(1) of the Act, a public health inspector may order any person...
Continue reading the post titled Carnival Shut Down for Air Pollution Health HazardChallenge to Sage Grouse Protection Order
In December, the Federal Government followed through on its commitment (and obligation) to introduce an Emergency Protection Order for the Greater Sage Grouse, a species on the verge of extinction in Canada. Earlier this month, however, the City of Medicine Hat and LGX Oil & Gas Inc. filed an application in Federal Court seeking a judicial review of...
Continue reading the post titled Challenge to Sage Grouse Protection OrderA rare jail sentence
Jail is a possible penalty for many environmental offences (see s. 187 of the Environmental Protection Act), but is rarely imposed. It is usually reserved for those defiantly causing serious pollution. On September 1, 2010, Pierre Sleiman was sentenced to 90 days in jail and fined $5,000 plus the 25% victim fine surcharge. In 2007,...
Continue reading the post titled A rare jail sentenceFederal Court of Appeal Quashes Order in Council Approving Kinder Morgan Trans Mountain Pipeline Expansion in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153
On August 30, 2018, the Federal Court of Appeal released its decision concerning the judicial review of an Order in Council approving the Kinder Morgan Trans Mountain Pipeline Expansion Project (the “Expansion Project”). The Order in Council, dated November 29, 2016, was based on a report and recommendation of the National Energy Board (“NEB”), and...
Continue reading the post titled Federal Court of Appeal Quashes Order in Council Approving Kinder Morgan Trans Mountain Pipeline Expansion in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153Receive Blog Posts
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