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Published on: 10 Jan 2013 By (Dianne Saxe)

Fine for breach of court order to cleanup waste

A Toronto company was fined $45,000 plus victim fine surcharges of $11,250 for failing to comply with a Court Order to remove waste materials from a mill site. 2023682 Ontario Inc. operate a mill site in Coleman Township. The company was originally convicted of failing to comply with a Ministry of the Environment order. As part...

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Published on: 23 Mar 2015 By (Dianne Saxe)

Kawartha oil spill cost recovery litigation drags on

City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill, the Ministry saddled the City with $471,691 in cleanup costs, arguing that...

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Published on: 1 Feb 2019 By

Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5

Supreme Court of Canada Orders Trustee in Bankruptcy to Comply with Environmental Remediation Orders Prior to Distributing Funds to Secured Creditors in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 On January 31, 2019, the Supreme Court of Canada released its highly anticipated decision in Orphan Well Association v. Grant Thornton Ltd, 2019...

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Published on: 9 Oct 2011 By (Dianne Saxe)

Port 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...

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Published on: 21 Mar 2016 By

The Duty To Accommodate Does Not Require an Employer to Turn Customers Away

A Store Manager for a leather company injured her wrist. Ultimately, the store terminated her position, prompting a human rights application to the Ontario Human Rights Tribunal. As part of this application, the employee argued that the accommodation process required: Prior to the full hearing, the Store Manager ultimately conceded that this was outside the...

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Published on: 5 Nov 2019 By

Class Members, no rights to appeal settlement approval

On October 17, 2019 the Court of Appeal of Ontario released its decision in Bancroft-Snell v. Visa Canada Corporation, 2019 ONCA 822. The Court of Appeal’s unanimous five-judge panel decision confirmed individual class members have no right to appeal settlement approval orders even where they appear and object to the issuance of the settlement approval...

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Published on: 8 Aug 2024 By

Privacy pulse: CrowdStrike’s costly software update, PC Optimum investigation, and Google’s database leak

The Siskinds Privacy, Cyber and Data Governance team is focused on providing businesses and professionals with monthly updates on technology, privacy, and artificial intelligence (A.I.) laws in both the U.S. and Canada. For July, we have many updates to share from a global IT outage, massive privacy settlements in the US and Google ending its...

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Published on: 24 Dec 2015 By

The (Contaminated) Ground Beneath our Feet

The extent and nature of contaminated land in Canada — the toxic legacy of our collective history of poor environmental stewardship, including through weak environmental regulation — continues to invade the headlines. A few weeks ago, a CBC/Radio-Canada report revealed that dozens of former dumps on the island of Montreal have been covered over without ever having been decontaminated. Numerous municipal...

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