A ‘dose of pragmatism’ from Court of Appeal
By Peter Dillon for AdvocateDaily.com Ontario’s Court of Appeal released its much-anticipated decision in this case on Jan. 25, 2018. I say much-anticipated because the summary judgement decision of Justice Wendy M. Matheson of the Superior Court of Justice had thrown the proverbial wrench into the works of most franchisors. Distilled version of the facts The franchise...
Continue reading the post titled A ‘dose of pragmatism’ from Court of AppealBlue box funding dispute goes to arbitration
Ontario’s municipalities and brand owners are taking their dispute over Blue Box funding to arbitration. Under the Waste Diversion Act, 2002, s. 25(5) stewards are supposed to pay 50% of the net costs incurred by municipalities. In previous years, the parties have negotiated the amount to be paid. This year, as costs continue to rise, the...
Continue reading the post titled Blue box funding dispute goes to arbitrationBlue Box funding arbitration pleadings
As promised yesterday, here are the Ontario Blue Box funding arbitration pleadings, that is, the position and opening explanation of each side. The arbitration will decide how much stewards (brand owners) must pay to municipalities for the cost of running Blue Box programs in 2014, under the Waste Diversion Act 2002. The parties are about $19 to...
Continue reading the post titled Blue Box funding arbitration pleadingsFirst affidavits, Blue Box funding arbitration
For those interested in the Blue Box funding arbitration, which will decide how much stewards (brand owners) must pay of the annual net $228 million cost under the Waste Diversion Act, here are the affidavits of the witnesses who have already completed their testimony on behalf of the municipalities of Ontario and their Blue Box programs:...
Continue reading the post titled First affidavits, Blue Box funding arbitrationMunicipalities awarded $115 MM for 2014 Blue Box
Stewardship Ontario must pay Ontario municipalities $115,172,322 for operating residential blue box programs in 2014, about $20 million more than Stewardship Ontario had proposed for 2014
Continue reading the post titled Municipalities awarded $115 MM for 2014 Blue BoxCoal phase out when?
Ontario is having a hard time deciding which it wants more: clean power, or cheap power? As required by Ontario regulations, Ontario Power Generation (OPG) will shut down all four of their remaining coal-fired thermal stations – Atikokan, Lambton, Nanticoke and Thunder Bay – by December 31, 2014.[i],[ii] But the recession cut demand for electricity...
Continue reading the post titled Coal phase out when?Drummond report: doing more with less
The Ministry of the Environment will have to do less, charge more and become much more efficient in a time of government constraint, according to today’s Drummond Report:
Continue reading the post titled Drummond report: doing more with lessA Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations
The development of the common law depends on the Bar proposing something new when circumstances require. I recognize that’s not new thinking. Denning said it in 1954 and certainly better than me, in Parker: If we never do anything which has not been done before, we shall never get anywhere. The law will stand still...
Continue reading the post titled A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary OperationsWhat is "storage"?
A recent Alberta case casts some light on the meaning of waste “storage”. Custom Environmental Services (CESL) sorts and recycles contaminated material, including PCBs. PCB material is brought to the CESL, sorted, cleaned, perhaps processed and placed in containers. Once a truckload has accumulated, it is transported to a disposal site. PCB material is present...
Continue reading the post titled What is "storage"?Guide to automobile accident benefit forms
Statutory Accident Benefits (“accident benefits”) are available to those who are injured as a result of the “use or operation of a motor vehicle”. This includes passengers, drivers, cyclists, or those who are injured by motor vehicles as pedestrians. Accident benefits are available regardless of fault and are therefore often referred to as “no-fault” benefits. ...
Continue reading the post titled Guide to automobile accident benefit formsReceive Blog Posts
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