Divisional Court denies leave to appeal in Trailing Commission class action
In Stenzler v TD Asset Management Inc., the Ontario Divisional Court recently denied an appeal by TD Asset Management Inc. (“TDAM”) from a decision certifying the Plaintiff’s action to recover trailing commissions he alleges were improperly paid by TDAM to Discount Brokers1. TDAM pays trailing commissions to Discount Brokers on behalf of investors who hold...
Continue reading the post titled Divisional Court denies leave to appeal in Trailing Commission class actionPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during the 66 years that Inco operated its nickel...
Continue reading the post titled Port Colborne class action dismissedHow dangerous is BPA?
This is the first good evidence that BPA may be toxic to adults, not just babies.
Continue reading the post titled How dangerous is BPA?New rules for boreholes and other test wells
The Ministry of the Environment is seeking public comment on a draft manual on test holes and dewatering wells. A “test hole” is a type of “well” that is made to obtain information about groundwater, and is not used or intended for use as a source of water for consumption. It includes virtually all the...
Continue reading the post titled New rules for boreholes and other test wellsOntario Environmental Review Tribunal Upholds Another Wind Turbine Approval
On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v. Ontario (Environment, Conservation and Parks), 2019 CanLII 287 (ON ERT)...
Continue reading the post titled Ontario Environmental Review Tribunal Upholds Another Wind Turbine ApprovalHow good is our blog?
How good is our blog? The best indicator is our CLAWBIE (Canadian legal blog award). But I was also glad to learn more about our Page Rank (PR). Page Rank is Google’s ranking system that indicates how authoritative and credible a website is.
Continue reading the post titled How good is our blog?Turf wars – how green is artificial turf?
Kudos to those opposing the University of Toronto’s plan to use artificial turf for its back campus field, in time for the 2015 Pan Am/Parapan Am Games. The opponents are right: there are good reasons for health and environmental concern about ripping up grass (muddy as it may be) and replacing it with artificial turf....
Continue reading the post titled Turf wars – how green is artificial turf?What is a “Reasonable” Time to Test Brain Impairment Following a Motor Vehicle Accident?
A Review of F.S.C.O.’s recent decision in Security National Insurance Co./ Monnex Insurance Management Inc. v. Hodges At issue in Hodges, was whether the injured person had sustained an injury properly classified as catastrophic pursuant to section 2(1.2)(e)(i) of the Statutory Accident Benefits Schedule (“SABS”).1 Also at issue was whether Mr. Hodges’ GCS score, taken on...
Continue reading the post titled What is a “Reasonable” Time to Test Brain Impairment Following a Motor Vehicle Accident?Ontario’s Human Rights Tribunal forges its own path on family status
The Ontario Human Rights Tribunal says it has “clarified” its test for discrimination on the basis of family status. Noting it is not bound by the decisions of other tribunals or courts outside Ontario, the Tribunal has now gone back to basics, but whether the test is any more clear remains to be seen. Certainly its application...
Continue reading the post titled Ontario’s Human Rights Tribunal forges its own path on family statusObstacles to waste diversion
Ontario’s Minister of the Environment says that it is his second highest priority to increase waste diversion from landfill. Can he do it? Yesterday, Dianne gave a well-received keynote address to the Municipal Waste Association on Obstacles to Waste Diversion.
Continue reading the post titled Obstacles to waste diversionReceive Blog Posts
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