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Published on: 5 Dec 2023 By

Banman v Ontario, the preferable procedure requirement, and institutional abuse litigation

The first stage of a class proceeding is the certification stage. Certification is a procedural step, the purpose of which is to screen out cases that are not appropriate to be dealt with on a class-wide basis. In Ontario, an action is certified if it passes the five-step test outlined in section 5 of the...

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Published on: 18 May 2012 By

Now You Too Can Be An Employment Lawyer!

Or maybe not.ย  But there is a new resource that is freely available to anyone with access to the internet which provides interesting reading for anyone with an interest in employment law. CanLII (itโ€™s short for the โ€œCanadian Legal Information Instituteโ€) maintains a searchable database of case law from across the country.ย  The CanLII database...

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Published on: 9 Apr 2020 By

The phoenix shall fly

On February 28, 2020 the Supreme Court of Canada released its decision in Nevsun Resources Ltd. v. Araya, 2020 SCC 5. By a narrow five-four majority, the SCC held Canadian companies may be sued for breaches of Customary International Law (โ€œCILโ€), abroad. Writing for the majority, Abella J. began her decision as follows: [1] This...

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Published on: 23 Oct 2020 By
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Bladder pain medication Elmiron linked to vision loss

Elmiron, a drug to treat a bladder condition affecting hundreds of thousands of Canadians, has been reported to cause vision loss in long-term users. Elmiron is an oral medication approved to treat interstitial cystitis (also known as painful bladder syndrome). Scientific studies link long-term use of Elmiron to vision issues, including a novel and progressive...

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Published on: 15 Jan 2014 By (Dianne Saxe)

Goodbye to Nanticoke, and all that coal

January 8 marked the last day of operation of the Nanticoke Generating Station, the last operating coal-fired electrical generating facility in southern Ontario. This latest shut down will help mark 2014 as the year Ontario will become a coal-free jurisdiction. Nanticoke was once the worst air polluter in Canada, and closing it is one of...

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Published on: 26 May 2022 By ,

Moore v. 7595611 Canada Corp. – What is a life worth?

What is a life worth? This is a question with which our legal system has grappled for a very long time. The answer is that a life is priceless, there is no amount of money that is worth a human life. Nevertheless, our Courts are tasked with the job ofย determining a value for the loss...

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Published on: 27 Sep 2023 By

What is the Income Replacement Benefit under the Statutory Accident Benefits Schedule?

A personโ€™s contract with their own auto insurance company includes the potential payment of Income Replacement Benefits. This benefit is mandatory to all Ontario automobile insurance policies and it is defined under section 4 of the Statutory Accident Benefits Schedule (SABS). The Income Replacement Benefit intends to compensate a person who, within 104 weeks after...

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Published on: 10 Jan 2011 By (Dianne Saxe)

US toxics overhaul

Most modern toxic substances control laws are based on the 1976 US Toxic Substances Control Act, 15 U.S.C. ยง2601 et seq. (TSCA).ย  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,ย  such as polychlorinated biphenyls (PCBs), asbestos,...

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