The Wit (not just wisdom) of the Bench
Most people (even lawyers!) usually think that reading case law is dry and humourless. But it depends on the judge! There have been several decisions over the last few years that have shown that judges have a sharp wit and a flair for writing! Take a moment to enjoy these. One example is R. v. Duncan,...
Continue reading the post titled The Wit (not just wisdom) of the BenchWhat is "storage"?
A recent Alberta case casts some light on the meaning of waste “storage”. Custom Environmental Services (CESL) sorts and recycles contaminated material, including PCBs. PCB material is brought to the CESL, sorted, cleaned, perhaps processed and placed in containers. Once a truckload has accumulated, it is transported to a disposal site. PCB material is present...
Continue reading the post titled What is "storage"?Jail for Garbage Fire
In October 2004, choking fumes from a giant garbage fire tormented Vaughan residents and created widespread health concerns. It took millions to put out the fire and clean up the transfer site. This week, those responsible for the garbage mountain were finally sent to jail, and fined a record $1.7 million, plus the 25% Victim...
Continue reading the post titled Jail for Garbage FireRecycler gets $112,000 fine and probation
Rancor Wood Recycling Inc. and Randy Corfield were fined a total of $112,000 for failing to comply with Ministry of the Environment orders and with the certificate of approval for their glass and wood waste recycling site.
Continue reading the post titled Recycler gets $112,000 fine and probationiBorehole
I can’t resist telling you that geotechnical engineer Shoshanna Saxe and web developer Micah Zarnke have released a new app that uses the GPS, camera and other features of an iPhone to improve the ease and accuracy of field logging of boreholes. iBorehole is available through the iTunes App Store.
Continue reading the post titled iBoreholeSlips, Trips and Falls: Understanding Occupiers’ Liability
What is Occupiers’ Liability? In Ontario, the Occupiers’ Liability Act governs all claims relating to occupiers’ liability. Anyone who is in physical possession of a property, or has responsibility for and control over a property (the “occupier”) owes a duty of care to take reasonable precautions to ensure that all persons are reasonably safe while...
Continue reading the post titled Slips, Trips and Falls: Understanding Occupiers’ LiabilityLimits to the intervention capability of the Quebec Class Action Fund
On September 7, 2016, the Superior Court of Quebec rendered an interesting judgment that clarified the limits of the power of intervention of the Fonds d’aide aux actions collectives (hereinafter referred to as the “Fonds”). The Fonds’s mission is to provide financial support to people who wish to bring a class action and to disseminate...
Continue reading the post titled Limits to the intervention capability of the Quebec Class Action FundFranchising in Canada: have the wheels fallen off?
(Note: This article was also published on AdvocateDaily) Last year was relatively quiet in terms of major (i.e. Court of Appeal) decisions or legislative changes. One interesting, and important, development is the increasing willingness of the courts to decide matters based on summary judgment motions, following the directive of the Supreme Court in Hryniak v....
Continue reading the post titled Franchising in Canada: have the wheels fallen off?The Court of Appeal for Ontario Provides Welcome Clarity on Certification of International Classes
The Court of Appeal for Ontario released its much-anticipated decision in the Airia Brands Inc. v. Air Canada air cargo price-fixing litigation last week. The Court was asked to determine the test for jurisdiction over non-resident class members and whether the test was met in this case. Siskinds LLP acted for the Plaintiffs/Appellants (non-resident class members),...
Continue reading the post titled The Court of Appeal for Ontario Provides Welcome Clarity on Certification of International ClassesSecurities 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 LawReceive Blog Posts
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