Neighbourly Bad Blood Results in Cost Award at the Tribunal
An alleged oil spill that occurred in 1990, giving rise to extensive proceedings before the Environmental Review Tribunal (“Tribunal”) and Superior Court, took an unexpected turn earlier this year, leading the Tribunal to issue an unusual costs award. In May 2014, the Ministry of the Environment and Climate Change (“Ministry”) issued an order against Mr. Krek,...
Continue reading the post titled Neighbourly Bad Blood Results in Cost Award at the TribunalHazardous waste carrier fined $120,000 + $30,000 VFS
Buckham Transport Limited, a registered carrier of hazardous waste, was recently fined $120,000 following a guilty plea to three offences under the Environmental Protection Act (EPA): Providing false or misleading information to a Provincial Officer; Failing to transport waste to the receiving facility named on manifest; and Failing to comply with a Ministry order. In July...
Continue reading the post titled Hazardous waste carrier fined $120,000 + $30,000 VFSDirectors of real estate agent liable for contaminated site?
How far can no-fault liability for contaminated sites go? The Ontario Ministry of Environment and Climate Change has issued a cleanup order to (among others) the accountant who held a power of attorney to sell a contaminated site for an overseas client, and the directors of a real estate company that listed the property for sale....
Continue reading the post titled Directors of real estate agent liable for contaminated site?Guardianship Applications and the Substitute Decisions Act
Usually, a power of attorney document will be used when a person becomes incapable. However, if that person did not have a power of attorney for property or personal care before they became incapable, a decision maker may have to be appointed by the court under the Substitute Decisions Act. This is known as a...
Continue reading the post titled Guardianship Applications and the Substitute Decisions ActPhysicians and dentists: The process of incorporating a professional practice
Physicians and dentists in Ontario are permitted to incorporate a professional corporation through which they may practice their profession. There are significant benefits associated with incorporating, and most professionals choose to take advantage of these benefits by establishing a medicine professional corporation (MPC) or a dentistry professional corporation (DPC). MPCs and DPCs are governed by...
Continue reading the post titled Physicians and dentists: The process of incorporating a professional practiceEmerging guidance on substantial compliance Wills in 2023
Until recently, a Will in Ontario had to meet the strict formal validity requirements set forth in the Succession Law Reform Act1 (the “Act”) in order to be valid. This meant that a Will had to be in writing and signed by the testator in the presence of two witnesses who also signed the document....
Continue reading the post titled Emerging guidance on substantial compliance Wills in 2023Unlimited personal no fault liability for directors and officers?
The Ontario government argued in Superior Court on April 18 that former corporate directors and officers have presumptive, unlimited, personal, no-fault liability to orders to pay all environmental costs associated with the assets of their former corporation, or of the subsidiaries of that corporation. Northstar Aerospace (Canada), which is now bankrupt, owned 695 Bishop Street,...
Continue reading the post titled Unlimited personal no fault liability for directors and officers?Understanding chattels and warranties in residential property sales
When it comes to the intricate process of buying or selling a residential property, understanding the legal aspects is crucial for a smooth transaction. Among the many components involved, warranties can play a pivotal role in shaping the terms and conditions of the sale. In this blog post, we will delve into the issue of...
Continue reading the post titled Understanding chattels and warranties in residential property salesA 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...
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