Neonic pesticides: Bee protection regulation upheld
An Ontario Superior Court has upheld provincial regulation to dramatically reduce the number of acres planted with corn and soybean seeds coated with a class of pesticides known as neonicotinoids or neonics, which are toxic to bees and other essential pollinators. In Grain Farmers of Ontario v. Ontario Ministry of the Environment and Climate Change, 2015 ONSC 6581,...
Continue reading the post titled Neonic pesticides: Bee protection regulation upheldInvestigations and inspections
What to do when the Ministry of the Environment, Conservation and Parks comes knocking It can be unnerving when a provincial officer from the Ministry of the Environment, Conservation and Parks (“MECP”) shows up at your business unannounced. Being prepared, and understanding your rights and responsibilities, is critical in protecting your interests. Inspections versus investigations...
Continue reading the post titled Investigations and inspectionsThe dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
Continue reading the post titled The dirty side of "clean fill"Class actions as clone wars?
Ontario Court rejects notion that class members must be “clones.” Judges on a certification motion do understand that class members are not clones and even if they were clones, judges understand that individual clones may have had different experiences with the defendant. Commonality is not disapproved by finding instances of difference.[1] The Supreme Court of Canada has described the “commonality...
Continue reading the post titled Class actions as clone wars?Upcoming, practical changes to Ontario’s Business Corporations Act
Bill 213, the Better for People, Smarter for Business Act, 2020 received Royal Assent in December of 2020. As a result, some significant amendments to Ontario’s Business Corporations Act (“OBCA”) will come into force on July 5th, 2021: 1. Elimination of Director’s Canadian Residency Requirements Currently, Subsection 118(3) of the OBCA mandates at least 25 percent of...
Continue reading the post titled Upcoming, practical changes to Ontario’s Business Corporations ActBaker (Northstar Directors') liability appeal has settled
Ten corporate officers and directors have paid $4.75 million to be released from the Northstar Canada cleanup order, even though the Ministry of the Environment admits that none of them were at fault for causing the contamination. Â Some were not even on the Northstar Canada board. The Environmental Review Tribunal approved the settlement in Cambridge...
Continue reading the post titled Baker (Northstar Directors') liability appeal has settledPower of attorney issues:Â compensation for powers of attorney for personal care
Providing care to an elderly or sick family member is a significant and often thankless undertaking. Quite often, it is the attorney for personal care who assumes the caregiving responsibilities. Attorneys for personal care often spend hours cleaning, cooking, and driving their loved ones to and from medical appointments which requires a significant amount of...
Continue reading the post titled Power of attorney issues:Â compensation for powers of attorney for personal careCompetition Class Actions Cross The Pond
North American style “opt-out” class actions are finally coming to the UK, albeit with a number of unique procedural and substantive modifications. The recent amendments contained in the Consumer Rights Act 2015, which amends the Competition Act 1998, signal a historic shift toward class proceedings. The Consumer Rights Act 2015 introduces the mechanism of “collective...
Continue reading the post titled Competition Class Actions Cross The PondOntario Files Argument in Court Challenge of Federal Carbon Tax Act
On September 14, 2018, the government of Ontario filed a statement of particulars in the constitutional challenge of the federal government’s Greenhouse Gas Pollution Pricing Act filed on August 1, 2018. By Order in Council the Province set out the question to be addressed by the court as: “Is the Greenhouse Gas Pollution Pricing Act...
Continue reading the post titled Ontario Files Argument in Court Challenge of Federal Carbon Tax ActEnvironmental Violations Administrative Monetary Penalties
The federal Environmental Violations Administrative Monetary Penalties Act is now in force. In June 2009, the federal government passed the Environmental Enforcement Act, to amend nine existing environmental statutes and to create the Environmental Violations Administrative Monetary Penalties Act, which came into force December 10, 2010. It was intended to establish minimum penalties and increased...
Continue reading the post titled Environmental Violations Administrative Monetary PenaltiesReceive Blog Posts
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