Feed in Tariff update for renewable energy
Wind and Solar Tariffs Reduced New Emphasis on Community Power–10% of Capacity Set Aside Substantial Increase in Inflation Adjustment for Biomass and Biogas Program Moves to Annual Review Possible New Renewable Targets No Word on Connection Barriers and Inclusion of New Technologies Paul Gipe has graciously allowed us to publish his analysis of the long...
Continue reading the post titled Feed in Tariff update for renewable energyThe Canadian Perspective on Competition Law Class Actions
Introduction In Canada, price-fixing conspiracy class actions are relatively novel. Although many cases have been commenced, the vast majority of those have been resolved through settlement. An analysis of the decisions to date, along with decisions in other substantive areas of law, however, suggests that the Canadian courts are adopting, and will adopt, a fair...
Continue reading the post titled The Canadian Perspective on Competition Law Class ActionsCapacity and Powers of Attorney
When we speak about “capacity” in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the “best” or the “right” decision, so long as they...
Continue reading the post titled Capacity and Powers of AttorneyA 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 Court’s previous interpretation of the leave process under Part XXIII.1 of the Ontario Securities Act with respect to the limitation period. In doing so, the Court has brought rationality back to the...
Continue reading the post titled A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco ProblemEnvironmental 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 2009OCA Clarifies Franchisor Disclosure Obligations
After getting off to a shaky start, the Ontario Court of Appeal seems to be finding its feet in the interpretation of franchisors’ disclosure obligations as mandated by the Arthur Wishart Act (Franchise Disclosure) 2000, S.O. 2000 c. 3, and its General Regulation. In the case of Caffé Demetre Franchising Corp. v. 2249027 Ontario Inc., 2015...
Continue reading the post titled OCA Clarifies Franchisor Disclosure ObligationsClass Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095
Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinence (“SUI”) and Pelvic Organ Prolapse (“POP”). SUI is the involuntary leakage of urine on effort or exertion, such...
Continue reading the post titled Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095More on the anti-wind constitutional question
Court confirms the constitutional validity of the Ontario system for approving and regulating wind turbines, Green Energy Act, Environmental Protection
Continue reading the post titled More on the anti-wind constitutional questionCourt grants defendant injunction and inspection order to investigate plaintiff’s property
In 2014, Metrus Properties sued Wrigley Canada claiming Wrigley’s neighbouring property had contaminated its property. When Wrigley asked to access the Metrus property to conduct environmental tests, Metrus refused. In April of 2016, the Superior Court of Justice granted an injunction to temporarily prevent Metrus from redeveloping its property and also ordered access to Metrus’s property...
Continue reading the post titled Court grants defendant injunction and inspection order to investigate plaintiff’s propertyERT concludes turbine project will cause serious harm to human health
The Environmental Review Tribunal (“Tribunal”) has for the first time concluded that a wind turbine project would cause serious harm to human health. The Tribunal also concluded, as it did in an earlier case, that the project would cause serious and irreversible harm to an endangered bat species, specifically the little brown bat. The facts...
Continue reading the post titled ERT concludes turbine project will cause serious harm to human healthReceive Blog Posts
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