Draft mining regulations posted for comment
Ontario is proposing an second set of amendments to Mining Act, 2009 regulations. One key feature of the amendments is better Aboriginal consultation, better protection of Sites of Aboriginal Cultural Significance, and more control of “early exploration”, which has led to much recent conflict in Northern Ontario.
Continue reading the post titled Draft mining regulations posted for commentKipfinch – latest Ontario contaminated site decision
Ontario’s latest contaminated site decision is Kipfinch v. Westwood Mall (Mississauga) Limited. The intended purchaser of a $25 million shopping mall was unable to obtain financing after the vendor refused to allow invasive testing in an area formerly occupied by a dry cleaner. The agreement of purchase and sale required the purchaser to satisfy...
Continue reading the post titled Kipfinch – latest Ontario contaminated site decisionEnvironmental Penalties higher in 2009
The Ministry of the Environment issued more environmental penalties in 2009: 13, totalling over $107,000. Although the total is still small, this is a significant increase over the 6 EP, totalling $69,583, that the Ministry issued in 2008. Companies were able to obtain reductions of up to 25% through negotiations with the Director, though the...
Continue reading the post titled Environmental Penalties higher in 2009Privacy pulse: AI arms race, TikTok restrictions, and U.S. legislative developments
Last month, the Siskinds Privacy, Cyber and Data Governance team introduced our Privacy Pulse series, focused on providing businesses and professionals with monthly updates on the world of technology, privacy, and artificial intelligence laws in both the U.S. and Canada. April has been busy, with many updates coming from the U.S. compared to Canada, and the...
Continue reading the post titled Privacy pulse: AI arms race, TikTok restrictions, and U.S. legislative developmentsProposed new “Open-for-business” by-law authority scrapped
On Wednesday January 23, 2018, the Ontario Minister of Municipal Affairs and Housing announced that the government would not be proceeding with Schedule 10 of Bill 66. As I wrote here, Schedule 10 proposed to give municipal governments expanded authority under their Planning Act, section 34, zoning powers, to decide whether or not to implement...
Continue reading the post titled Proposed new “Open-for-business” by-law authority scrappedOntario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA
Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for “just cause”.1 At the same time, employers generally must provide a terminated employee...
Continue reading the post titled Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA$2.5 Million Canadian Payroll Triggers ESA Severance Obligation
Until recently, I was confident that an Ontario employer would not owe severance pay under the Employment Standards Act, 2000 (the “ESA”), unless it met the $2.5 million Ontario payroll test. I am no longer so sure, following a surprising decision of Justice Kane of the Ontario Superior Court of Justice in April 2014. The facts...
Continue reading the post titled $2.5 Million Canadian Payroll Triggers ESA Severance ObligationAlberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissed
Canadian Pacific Railway (CPR) operated a train repair facility, known as the Ogden shops, since the early 1900s in a heavily industrialized area outside Calgary. Over the years, a residential area grew up around the shops. TCE was used as a degreaser in the shops from the mid-1950s to the mid- 1980s. In 1999, CPR...
Continue reading the post titled Alberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissedFour Ways to Be a Better Neighbour: London By-Laws and How They Affect You
Although most of us are lucky enough to live next door to reasonable and friendly people, living in a City means that sometimes we get in each other’s way. If you are building a fence, have a dog or a pool or are planning a big backyard party there are some rules and by-laws you...
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