Significant Fisheries Act fine issued to owner of Quebec refinery
Valero Energy Inc., the owner of the LĂ©vis, Quebec-based Jean-Gaulin Refinery, has received a $500,000 fine for violating the Fisheries Act. Reportedly, in 2008, the company accidentally released some 200,000 litres of heavy fuel oil into a stream that flows into the Saint-Lawrence River. Environment Canada issued an order requiring the company to clean up...
Continue reading the post titled Significant Fisheries Act fine issued to owner of Quebec refinerySeizure on consent?
When can ministry investigators seize documents outside the scope of a search warrant? During the execution of a warrant, Ministry of the Environment investigators seized approximately 100 documents that clearly lay outside the scope of the warrant. They showed one set of documents to the company, who consented to the seizure of that particular set...
Continue reading the post titled Seizure on consent?New hope for brain injuries: Pituitary gland testing
At a medical conference I attended a few years ago, I recall one of the guest speakers said the only cure for a brain injury is avoidance. He of course was referring to the school of thought that for the most part, neurons don’t recover after a brain injury. While that may be open to...
Continue reading the post titled New hope for brain injuries: Pituitary gland testingMĂ©moire Flash
Flash Memory This class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain prices at which Flash Memory or products containing Flash Memory were sold in Canada. The plaintiffs allege that from at least January 1, 1999 through to the present, the defendants and their senior executives participated in illegal and secretive...
Continue reading the post titled MĂ©moire FlashPredatory Marriage: A Modern Day Marriage Trap
Predatory marriages are a developing phenomenon in Ontario. Predatory spouses take advantage of elderly victims and assume control of their financial affairs. This can have severe consequences for the victim and their family. Recently Canadian courts have taken a stricter stance on what sort of capacity is required for marriage. In this article, Dagmara Wozniak...
Continue reading the post titled Predatory Marriage: A Modern Day Marriage TrapWithdrawal of Life Support: What does the Cuthbertson and Rubenfeld v. Rasouli decision mean for patients and families?
The family of a patient requiring life support struggles with painful decisions over life and death. The difficulty of these decisions is intensified when the patient’s substitute decision-maker (usually a close family member) and attending physicians disagree as to whether life sustaining measures should be withdrawn. The family of a patient requiring life support struggles...
Continue reading the post titled Withdrawal of Life Support: What does the Cuthbertson and Rubenfeld v. Rasouli decision mean for patients and families?Consent of Minors to Medical Treatment
The basis for the requirement of consent is found in the common law and in legislation in several provinces1 including Ontario. Interestingly, consent and capacity legislation varies among the provinces such that there are differences among the provinces as to the requirements and conditions for obtaining consent. Two general requirements and conditions for obtaining consent...
Continue reading the post titled Consent of Minors to Medical TreatmentTwelve FAQ for Wills and Estates
Siskinds’ Will and Estate Lawyers respond to hundreds of calls each year. Here is a list of the questions I am most frequently asked, and my standard responses. How do we find out if there is a will? What happens in an intestacy? When is there a reading of the will? How do I get...
Continue reading the post titled Twelve FAQ for Wills and EstatesBoundary trees: sometimes good fences don’t make good neighbours
The issue of boundary trees—trees that straddle property lines—appears to be a growing, and increasingly confusing, legal concern for Toronto neighbours. Earlier this year, the Ontario Superior Court of Justice was again asked to untangle a boundary tree-related dispute between two Toronto neighbours. The tree at issue in the decision (Freedman v Cooper, 2015 ONSC...
Continue reading the post titled Boundary trees: sometimes good fences don’t make good neighboursPain and Suffering Damages and the Threshold in a Personal Injury Action
One of the areas which people often look to be compensated for after an injury is their “pain and suffering.” This is the unquantifiable hardship which one endures as a result of their injuries. Under the legislation which governs motor vehicle accidents in the Province of Ontario, in order for you to be successful in...
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