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Published on: 13 Dec 2016 By

Despite Legal Challenge, Tidal Power A Reality In Nova Scotia โ€ฆ For Now

North Americaโ€™s first tidal turbine was recently connected to the power grid in Nova Scotia. The turbine being tested as part of a proposed project that would eventually see turbines installed in the Bay of Fundy now provides tidal-powered energy to 500 homes in the province. As part of the test, a second turbine is...

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Published on: 9 Feb 2015 By (Dianne Saxe)

Extended Producer Responsibility for Waste

As Ontario works towards its promised new law on waste diversion and recycling, itโ€™s helpful to look at European experience. The European Union has far more experience than Canada in a wide range of Extended Producer Responsibility (EPR) systems for waste such as paper, packaging, batteries, oil, electronics and end of life vehicles. At last...

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Published on: 9 Jul 2012 By (Dianne Saxe)

More Regulation for Geothermal Heat Pumps

The Ministry of the Environment moved swiftly this spring to increase regulation of geothermal (ground-sourced) heat pump installations, because ofย an urgent risk of releasing hazardous underground gases.ย Ontarioย revoked the old regulation governing Ground Source Heat Pumpsย and replaced it withย O. Reg. 98/12.

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Published on: 25 Jan 2019 By

Proposed new โ€œOpen-for-businessโ€ 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...

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Published on: 5 Jun 2013 By

Inspections v Investigations: Do You Know the Difference?

Do you manage a business? Do you know the difference between an EPA inspection and an EPA investigation? In the newest post from our blog Clearing the Air, Paula Lombardi looks at this important issue and offers advice that will help your business be prepared.As mentioned in the last post, the Environmental Protection Act (EPA)...

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Published on: 27 Jul 2012 By

Probationary Periods โ€“ Tips for Employers

As an employer, do you rely upon probationary periods to terminate newly-hired employees who don’t work out, but where you don’t have “cause” in the normal sense? Do you rely on your probation language to avoid liability for pay in lieu of notice? If so, would your probationary period stand up to scrutiny by a...

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Published on: 21 Mar 2014 By

National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc

On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the rights of Manitoba residents. In...

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Published on: 3 Oct 2013 By (Dianne Saxe)

Perverse Abitibi test produces perverse results in Nortel, Northstar appeals

The Ontario Court of Appeal has released its decisions in the Ministry of the Environment’s appeals from Justice Geoffrey Morawetz inย Re Nortel and Re Northstar. In both cases, Justice Morawetz rejected MOE attempts to claim priority over secured creditors by ordering insolvent companies to cleanup historic contamination. In both cases, Justice Morawetz decided that the...

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Published on: 13 May 2019 By

What are my legal rights if municipal roadwork harms my business?๏ปฟ

As road repair and construction season ramps up in municipalities across Ontario, many business owners will be facing the news that the street and sidewalk outside their business will be temporarily closed due to municipal roadwork. Depending on the extent of the project, this can range from a trivial interruption to a significant interference with...

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