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Published on: 28 May 2014 By (Dianne Saxe)

Another anti-wind power appeal dismissed

Ontario’s Environmental Review Tribunal (ERT) has dismissed another anti-wind power appeal: May 14, 2014, Pitt v. MOE ERT Registry Number: 13-121. The Wainfleet Wind Energy Project can now proceed, despite objections from a skydiving club. The ERT ruled that the club had not shown that the turbines were likely to cause even one serious skydiving...

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Published on: 25 Feb 2010 By (Dianne Saxe)

Water Quality Trading

An enthusiastic study on Water Quality Trading recommends using “cap and trade” to control phosphorus levels in the Lake Simcoe watershed. Lake Simcoe needs a major reduction in phosphorus loadings, even as population and climate change increase. The Lake Simcoe Protection Plan commits the province to complete a Water Quality Trading Feasibility Study under subsection...

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Published on: 28 Nov 2011 By (Dianne Saxe)

Perc in your dry cleaned sweater?

Perchloroethylene (also called tetrachloroethylene, PCE or PERC) is a common dry cleaning solvent. It is also used in textile processing and degreasing.ย Exposure to this chemical is associated with a host of adverse effects.ย So we were struck by a recent study that shows PERC residues building up in some drycleaned clothes.

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Published on: 16 Jun 2014 By

Alberta 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...

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Published on: 12 Apr 2013 By

The Wit (not just wisdom) of the Bench

Most people (even lawyers!) usually think that reading case law is dry and humourless.ย 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,...

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Published on: 9 Apr 2020 By

COVID-19 in Ontario: essential places of business

These past four weeks have been turbulent for Ontario businesses, to say the least. On March 17, 2020, Ontario declared a state of emergency in response to the COVID-19 pandemic. By March 23, Premier Ford ordered the closure of all non-essential businesses (the โ€œOrderโ€), and on April 3, the Order was revised to shorten the...

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Published on: 5 Feb 2014 By

A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco Problem

On February 3, 2014, the Ontario Court of Appeal released its decision Green v Canadian Imperial Bank of Commerce. This decision set aside the Courtโ€™s previous interpretation of the leave process under Part XXIII.1 of the Ontario Securities Act with respect to the limitation period.ย In doing so, the Court has brought rationality back to the...

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Published on: 26 Jan 2021 By

Will mandatory vaccination policies be enforceable in unionized workplaces?

Employers across the world are discussing the risks and merits of imposing mandatory vaccination policies in response to the COVID-19 pandemic. While there is still no certainty about the enforceability of these policies, decisions from labour arbitrators give us some idea of the principles to be applied in unionized workplaces. My colleague, Jennifer Costin has...

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