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Published on: 16 Apr 2020 By

Emergency order provides interim flexibility for corporations’ meeting requirements

On March 31, 2020, the government of Ontario issued an emergency order pursuant to the Emergency Management and Civil Protection Act in response to the province’s Declaration of Emergency. The emergency order is welcomed amongst many Ontario corporations seeking flexibility in connection with the meeting requirements prescribed by governing statute or its constating documents. In particular, the...

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Published on: 14 Sep 2016 By

Municipal orders under section 100.1 of the EPA

The seemingly never-ending litigation related to a spill of furnace oil fuel in the City of Kawartha Lakes is inching closer to resolution. In Technical Standards and Safety Authority v Kawartha Lakes, 2016 CanLII 41685 (ON ERT) the Environmental Review Tribunal (the “Tribunal”) tackled the issue—apparently for the first time—of who can be ordered by...

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Published on: 23 Aug 2023 By

Ozempic for weight loss? Know the risks of off-label prescriptions

Ozempic (semaglutide) is a prescription drug approved to treat type 2 diabetes that has become one of the most in-demand medications in North America in recent years. Demand for Ozempic, which is manufactured by Novo Nordisk, has driven shortages in the United States. Health Canada observed a significant surge in demand for the drug in 2023, prompting...

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Published on: 25 May 2010 By (Dianne Saxe)

More on approvals reform

Bill 68, the  166 page Open for Business Act [i] is now available for download. The Bill establishes a framework for reform of environmental approvals, as part of a three-year initiative intended to foster more efficient government services to business, while continuing to protect the environment and the public interest. This long-overdue Bill received first...

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Published on: 13 May 2016 By

A new kind of climate change tax

Faced with the increasingly certain prospect of widespread infrastructure failure related to climate change San Francisco is proposing an interesting new measure—a $12 a year property tax upon property owners. While taxation is not a new tool for battling climate change, this proposed tax is unique in that is aimed wholly at dealing with climate adaptation,...

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Published on: 22 Mar 2012 By (Dianne Saxe)

Creditor or regulator? Nortel, the MOE and environment v insolvency

If there are continuing operations, there has to be ongoing compliance with environmental legislation. But if there are no ongoing operations, the environmental regulator has to rely on its security, failing which it has unsecured status.

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Published on: 13 May 2013 By (Dianne Saxe)

Innocent owner Kawartha Lakes loses at Court of Appeal

The Ontario Court of Appeal has upheld a decision of the Environmental Review Tribunal, refusing to allow an innocent landowner, City of Kawartha Lakes, to lead evidence about the actual polluters. Everyone agreed that the City was completely innocent of the fuel spill, which flowed onto municipal property through no fault of their own. But...

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Published on: 23 Jun 2015 By

Enbridge Kalamazoo oil spill: State consent order

How are major oil spill claims handled in the US? For a fascinating glimpse across the border, Enbridge-consent-judgment is a copy of the multimillion dollar consent order between the State of Michigan and Enbridge over the billion dollar, three-million-litre oil spill into wetlands and the Kalamazoo River in 2010. The State and Enbridge agreed to...

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