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Published on: 3 Aug 2010 By (Dianne Saxe)

Water quality trading ebbs away again

Ever since the Newt Gingrich “Common Sense Revolution”, much ink has been spent on the alleged superiority of economic instruments over “command and control”.   In theory, government cannot efficiently or effectively tell people what to do; instead, government should give people an economic incentive to do the right thing, allowing them to use their own...

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Published on: 30 Dec 2014 By (Dianne Saxe)

$320,000 fine for former waste processors

A big fine has been imposed on a former waste processor and the two individuals who ran the company for environmental offences, according to the Ontario Ministry of the Environment and Climate Change. According to the MOECC, 2R Services Inc. and its Directors were fined for failing to comply with ministry approvals for a hazardous waste processing site and...

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Published on: 20 Oct 2021 By (She/Her)

Adopting your stepchild

In the course of my practice I have met many stepparents that want to adopt their stepchild. The reasons to want to adopt a stepchild are very personal and diverse to the stepparent, child and their parent. Sometimes the biological parent is unknown or absent, due to death or other reasons. The stepparent may have been in...

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Published on: 31 Aug 2021 By (She/Her)

New rules for mobility and relocation for parents

Mobility or relocation is an issue that commonly arises for clients. The client may want to move for an employment opportunity, a new relationship, etc. So what are your rights and responsibility’s with respect to the issue of mobility when you have a child? The rules regarding to a parent’s rights related to mobility or...

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Published on: 22 Apr 2020 By ,

Virtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyers

Note: This blog post has been updated to reflect the amended Order by the Lieutenant Governor in Council on April 22, 2020. On April 7, 2020, the Lieutenant Governor in Council made an Order under the Emergency Management and Civil Protection Act varying the current statutory requirements for the execution of a Last Will and...

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Published on: 24 Apr 2013 By (Dianne Saxe)

Debtors’ prison for bankrupt contaminated sites?

The Ontario Environmental Review Tribunal has dismissed an appeal from an individual ordered to clean up the  historic contaminated site of a bankrupt company in Brighton, Ontario. Bruce Cooey’s father owned Cooey Metal Products Ltd., which owned and operated  an factory in Brighton, Ontario, between 1941 and 1989. The site was contaminated, the company became...

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Published on: 11 Oct 2018 By

A Primer on Real Estate Issues in Estate Litigation

This paper provides a high-level outline — the “Coles notes”— on frequently encountered real estate issues in estate litigation, specifically, claims arising from proprietary estoppel, the doctrine of part performance, unjust enrichment and the imposition of resulting trusts. It also briefly reviews a pre-judgment remedy, i.e. the certificate of pending litigation, which regularly arises in...

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Published on: 29 Sep 2016 By

Limits 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...

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Published on: 13 Jun 2016 By

“Comfortably Numb”: Medical Marijuana in the Workplace

Traditionally, Canadian courts and arbitrators have upheld discipline against employees who have disobeyed company policies by using or possessing marijuana[1] on company premises. There has generally been no need for the employee to have engaged in dangerous conduct, so long as the employee’s use of marijuana occurred on company property. However, the potential legalization of...

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