A ‘dose of pragmatism’ from Court of Appeal
By Peter Dillon for AdvocateDaily.com Ontario’s Court of Appeal released its much-anticipated decision in this case on Jan. 25, 2018. I say much-anticipated because the summary judgement decision of Justice Wendy M. Matheson of the Superior Court of Justice had thrown the proverbial wrench into the works of most franchisors. Distilled version of the facts The franchise...
Continue reading the post titled A ‘dose of pragmatism’ from Court of AppealIt’ll never happen to us: Union avoidance in the age of COVID-19
Union organizing campaigns can start in several different ways, however many find at their root a feeling among employees of unfair or unequal treatment by their employer. Sometimes the friction point is pay and benefits, other times it is entitlement to a benefit or advantage that others may receive in comparable workplaces. Today, employees are...
Continue reading the post titled It’ll never happen to us: Union avoidance in the age of COVID-19What's next for Brownfields?
The Ministry of the Environment is continuing its lengthy consultations on proposed amendments to Reg. 153/04, the brownfields regulation. Reflecting the huge economic impact of the proposed changes, the MOE received dozens of comments by the February 10 deadline. This week, the MOE emphasized the conflicting submissions it had received on most contentious issues, such...
Continue reading the post titled What's next for Brownfields?The dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
Continue reading the post titled The dirty side of "clean fill"Approvals reform: the new application
The Ontario Ministry of the Environment has published its draft requirements for complete applications for the new Environmental Compliance Approvals. These requirements are proposed to be the basis of a future regulation, which will set out generic requirements for all project types. A future proposal will describe specific technical requirements for each project type (e.g....
Continue reading the post titled Approvals reform: the new applicationIs it time to update the financial statements in your franchise disclosure document?
Financial Statement Requirements for Disclosure Documents Franchise legislation in Canada (currently in the provinces of BC, Alberta, Manitoba, Ontario, New Brunswick and PEI) contains a requirement that franchisors include financial statements for their most recently completed fiscal year. Generally speaking, franchisors may include either: audited financial statements; or review engagement financial statements. Financial statements must...
Continue reading the post titled Is it time to update the financial statements in your franchise disclosure document?Securities Disclosure and the Direct Liability of Parent Companies at Common Law
In this post, I am canvassing a topic that has been the subject of passing comment by others, but which remains an unconsidered and unresolved issue in Canadian transnational tort cases. The issue is this: in considering whether a parent company owes a duty of care to a third party affected by the operations of...
Continue reading the post titled Securities Disclosure and the Direct Liability of Parent Companies at Common LawRaibex Canada Ltd. v ASWR Franchising Corp., Implications for Franchisors
Executive Summary and Client Advisory This case, decided late in the late Fall of 2016 and currently under appeal, is potentially highly problematic to franchisors who sign franchise agreements with prospects before a site has been selected. In essence, the trial judge found that doing so is not in compliance with the Ontario’s franchise disclosure...
Continue reading the post titled Raibex Canada Ltd. v ASWR Franchising Corp., Implications for FranchisorsHolding listed issuers to their word – for now anyway… Developments from the UK Court of Appeal on parent company liability for impacts abroad
Last year I wrote about a feature of the decision of the English and Wales High Court of Justice in HRH Okpabi v Royal Dutch Shell Plc[1], a case where residents of the Niger Delta brought a claim in negligence against Royal Dutch Shell (RDS), an issuer incorporated in England and listed on the LSE,...
Continue reading the post titled Holding listed issuers to their word – for now anyway… Developments from the UK Court of Appeal on parent company liability for impacts abroadAir regulation 419/05 amended for site-specific standards
The Ontario Ministry of the Environment (MOE) has amended Ontario Regulation 419/05: Air Pollution, Local Air Quality to make the process of seeking exceptions to generic criteria less punitive and more useful to businesses. The process has been given a new name, “Site-specific Standard”, and is now focussed on best available technology (and economic considerations only if...
Continue reading the post titled Air regulation 419/05 amended for site-specific standardsReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.