Franchising 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?Shell fined $500,000, pays $200,000 to First Nation following 2013 spill
In case you missed it, nearly 3 years following the event, Shell Canada Ltd has been sentenced for a spill of “flare knock-out liquids” at a Sarnia-area refinery. The January 2013 spill affected members of the nearby Aamjiwnaang First Nation, who experienced a variety of adverse health effects (including sore eyes and throats, vomiting, nausea,...
Continue reading the post titled Shell fined $500,000, pays $200,000 to First Nation following 2013 spillWhat are your environmental rights in Ontario? An overview of the Environmental Bill of Rights, 1993, S.O. 1993, c 28
Is there a right to a healthful environment in Ontario? Who has that right and what does it entail? Does the public have any say in the government’s ability to make environmentally significant decisions? These questions are the subject of longstanding and ongoing debates in Canadian environmental law. While no Canadian court has recognized constitutional...
Continue reading the post titled What are your environmental rights in Ontario? An overview of the Environmental Bill of Rights, 1993, S.O. 1993, c 28What exactly is Canada doing about the protection of our environment?
The Federal Government is required under the Federal Sustainable Development Act, S.C. 2008, c.33 (“Act”[1]) to provide Canadians with a strategy as directed by the precautionary principle. The precautionary principle is defined in section 2 of the FSDA, for implementing any thing, action or process to develop, improve and protect our environment of threats of...
Continue reading the post titled What exactly is Canada doing about the protection of our environment?US toxics overhaul
Most modern toxic substances control laws are based on the 1976 US Toxic Substances Control Act, 15 U.S.C. §2601 et seq. (TSCA). It provides the US Environmental Protection Agency with authority to require reporting, record-keeping and testing requirements, and restrictions relating to certain kinds of chemical substances and/or mixtures, such as polychlorinated biphenyls (PCBs), asbestos,...
Continue reading the post titled US toxics overhaul2016 Shaping Up To Be ‘Significant’ Year For Franchise Law
(Note: This article was also published on AdvocateDaily.com) The Supreme Court of Canada is set to hear its first franchise case in more than four decades something that, coupled with significant recent decisions, could bring needed balance to the industry, franchise lawyer Peter Dillon tells AdvocateDaily.com. “If franchise litigation were a wine, then 2015 would be a good...
Continue reading the post titled 2016 Shaping Up To Be ‘Significant’ Year For Franchise LawBizarre rules on Record of Site Condition
Here’s another bizarre rule about Records of Site Condition for contaminated sites where land-uses change:
Continue reading the post titled Bizarre rules on Record of Site ConditionMunicipal 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...
Continue reading the post titled Municipal orders under section 100.1 of the EPAEmergency 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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