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Published on: 16 Dec 2021 By

Conspiracy theory: Is price-matching illegal?

Federal Court decision sheds light on the difference between unlawful conspiracies and “conscious parallelism”. You pull up to a major intersection. Thereโ€™s a gas station on every corner. You notice one of the stations is raising the price on its sign by a few cents higher than its competitors. Later, you drive past the same...

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Published on: 14 Jun 2017 By

Franchising in Canada: have the wheels fallen off?

(Note: This article was also published on AdvocateDaily) Last year was relatively quiet in terms of major (i.e. Court of Appeal) decisions or legislative changes. One interesting, and important, development is the increasing willingness of the courts to decide matters based on summary judgment motions, following the directive of the Supreme Court in Hryniak v....

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Published on: 20 Nov 2018 By

Cannabis License Act: Franchising Implications

Store Ownership and Licensed Producers Corporate store ownership will not be an option for licensed producers who wish to establish a significant presence in the cannabis retail market. Section 4(4) of the Cannabis License Act prohibits licensed producers and their affiliates from operating more than one retail store. The definition of โ€œaffiliateโ€ under section 2...

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Published on: 11 Apr 2013 By (Dianne Saxe)

So you want to be an environmental lawyer…

At least once a month, a lawyer or law student asks us for help getting into environmental law. Our reaction is bittersweet. On one hand, it is exciting and reassuring that so many talented young people want to devote their professional lives to environmental protection. On the other hand, there are far fewer jobs in...

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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 wasย 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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Published on: 22 Oct 2015 By

Do employers have to allow their employees to work from home to breastfeed? Flatt v. Treasury Board (Department of Industry)

A female employee with the Industry Canadaโ€™s Spectrum Management Operations Branch filed a grievance alleging that she was discriminated against on the basis of sex and family status when her employer failed to accommodate her request to work five days a week from home so she could continue to breastfeed her one year old son....

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Published on: 12 Jun 2012 By (Dianne Saxe)

Financial Assurance after business closes

An MOE order for financial assurance can be enforced even after the business has closed and been evicted from its premises, and even without a full hearing by the Environmental Review Tribunal. The ERT had enough evidence to know that the cleanup would cost much more than the existing financial assurance, so dismissed the operators’...

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Published on: 17 Jul 2013 By (Dianne Saxe)

Municipality can’t bring Charter challenge to wind approval rules

The Environmental Review Tribunal has quashed an attempt by a municipality to bring a Charter challenge to Ontario’s wind energy approval rules.ย Undoubtedly, however, the same Charter challenge will be brought soon by one or more individuals. Inย Municipality of North Middlesex v. Director,ย Ministry of the Environment, North Middlesex served a Notice of Constitutional Question shortly before...

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