What are non-earner benefits?
Non-earner benefits are one of the accident benefits included in a standard automobile insurance policy in Ontario. Employed adults injured in a motor vehicle accident can apply for income replacement benefits, a benefit included in their automobile insurance policy. Historically, those who cannot qualify for income replacement benefits such as students, unemployed, and retired individuals...
Continue reading the post titled What are non-earner benefits?Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?
In O’Brien v. Maxar Technologies Inc., Justice Akbarali declined to grant the plaintiffs’ motion for leave to proceed with claims under section 138.3(1) of the Ontario Securities Act (“OSA”), concluding that there was no reasonable possibility that the action would be resolved in favour of the plaintiffs at trial. Because leave was not granted, the...
Continue reading the post titled Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?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...
Continue reading the post titled Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claimsThe SEC crackdown on crypto-securities: SEC v. Ripple
It’s a busy new year for lawyers representing Ripple Labs Inc. (“Ripple”), as they prepare to face off with American regulators in the “Cryptocurrency Trial of the Century”. On December 22, 2020, the U.S. Securities and Exchange Commission launched an action against Ripple Labs Inc. and two of its executives alleging the violation of federal...
Continue reading the post titled The SEC crackdown on crypto-securities: SEC v. RippleEveryone liable for PCB-contaminated oil
A British Columbia used oil company has successfully sued the owner of a PCB transformer, and everyone down a contractual chain, for failing to warn them that the oil was almost pure PCBs. It was awarded $776,033.75.
Continue reading the post titled Everyone liable for PCB-contaminated oilSupreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5
Supreme Court of Canada Orders Trustee in Bankruptcy to Comply with Environmental Remediation Orders Prior to Distributing Funds to Secured Creditors in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 On January 31, 2019, the Supreme Court of Canada released its highly anticipated decision in Orphan Well Association v. Grant Thornton Ltd, 2019...
Continue reading the post titled Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5Train Derailment Results in Significant Environmental Fines
On July 6, 2013, 74 unattended freight train cars carrying Bakken Formation crude oil rolled down a 1.2% grade from the town of Nantes and into the downtown area of the Town of Lac-Mégantic. The ensuing derailment resulted in a fire and explosion of multiple tank cars. The devastation was far reaching and resulted in...
Continue reading the post titled Train Derailment Results in Significant Environmental FinesParking lot dust an unreasonable nuisance
Dust generated by trucks driving on an unpaved parking lot can be a nuisance to industrial neighbours, according to the Ontario Court of Appeal. In TMS Lighting Ltd. v. KJS Transport Inc., 2014 CarswellOnt 2, the court ruled that the dust unreasonably interfered with a neighbouring business’s use and enjoyment of its property. For approximately...
Continue reading the post titled Parking lot dust an unreasonable nuisanceBest practices for wells in Ontario?
Ontario’s Ministry of the Environment continues to adopt “best management practices” documents as guidance for environmental consultants and industries. The proposed draft guidance on Test Holes and Dewatering Wells: Requirements and Best Management Practices Manual is now formally adopted. The Manual also provides a plain language summary of the Wells Regulation (O. Reg. 903/90 under...
Continue reading the post titled Best practices for wells in Ontario?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’...
Continue reading the post titled Financial Assurance after business closesReceive Blog Posts
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