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Published on: 29 Jun 2016 By

Court 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...

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Published on: 2 Nov 2016 By

ERT 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...

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Published on: 30 Nov 2021 By

Canadian border-crossing updates – November 30, 2021

Starting today, November 30, 2021, the following COVID-19 vaccines are accepted by the Government of Canada for international travel in addition to the vaccines that have been recognized earlier this year: Bharat Biotech (Covaxin, BBV152 A, B, C); Sinopharm (Beijing) BBIBP-CorV (Vero Cells); Sinovac (CoronaVac, PiCoVacc).  Previously recognized COVID-19 vaccines are: Pfizer-BioNTech (Comirnaty, tozinameran, BNT162b2);...

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Published on: 14 Jul 2017 By

Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients

Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein[1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is counsel to the class members. The decision clarifies the circumstances under which...

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Published on: 19 Oct 2017 By

What are Non-Earner Benefits?

Part of your contract with your own auto insurance company includes the potential payment of Non-Earner Benefits. Non-earner benefits are accident benefits that are available to insured drivers in Ontario. Details of these benefits are found in Part II of the Statutory Accident Benefits Schedule (SABS) of the Insurance Act. Non-Earner Benefits are intended to...

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Published on: 16 Sep 2021 By

Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claims

In Badesha v Cronos Group, Justice Morgan denied the plaintiff’s motions for leave to proceed with statutory misrepresentation claims under Part XXIII.1 of the Ontario Securities Act (“OSA”) and for certification pursuant to the Class Proceedings Act, 1992. The case raises interesting questions about how a plaintiff ought to plead a securities misrepresentation claim, and...

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Published on: 28 Mar 2012 By (Dianne Saxe)

Mine or hauler: Who's responsible for Waste PCB Oil?

In Enviro West Inc. v. Copper Mountain Mining Corp. a waste hauler was hired to remove waste oil from a transformer at a mine. Despite several oral and written warnings, the hauler didn’t realize the oil was heavily contaminated with PCBs. As a result, the hauler mixed the PCBs with other oils, creating extensive PCB contamination...

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