Terminating Employees for Criminal Charges: Does Just Cause Exist
We live in a society where our criminal justice system presumes a person innocent until proven guilty. That said, the reality is that many people criminally charged are guilty. Even where innocent, it can take months – if not years – before criminal charges are resolved, during which time it is not uncommon for much irreparable negative...
Continue reading the post titled Terminating Employees for Criminal Charges: Does Just Cause ExistWho pays when polluters can’t?
In theory, Canadians are pretty comfortable with the polluter pay principle, at least when it applies to other people. (We do not seem to feel the same way about carbon taxes.) In theory, the polluter-pay principle ensures that polluters, rather than the public or the immediate victims of pollution, bear the cost of repairing damage...
Continue reading the post titled Who pays when polluters can’t?Municipalities 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 BoxReducing confusion about Blue Box decision
the flaws in the rejected model are precisely why municipalities have received smaller payments since 2009. Now that this model has been discredited, municipalities will receive larger payments, just as they did in 2014
Continue reading the post titled Reducing confusion about Blue Box decisionExperts permitted to testify via telephone… sometimes
The Environmental Review Tribunal has granted a request to have expert witnesses testify via telephone conference call when the appellants argued that it would be too costly to have them attend in person, and that videoconferencing was also costly, as well as prone to technological failure. In Pitt v. Director, Ministry of the Environment, 2014...
Continue reading the post titled Experts permitted to testify via telephone… sometimesCan biased sampling create hazardous waste?
One of our current cases deals with a question that is critical to everyone in the waste business: can biased sampling make a non-hazardous waste “hazardous”?
Continue reading the post titled Can biased sampling create hazardous waste?More anti-wind power appeals dismissed
Ontario’s Environmental Review Tribunal (ERT) recently dismissed two more anti-wind power appeals, this time relating to the same project. One of the appeals had a new feature: whether wind turbines interfere with weather forecasting radar. July 9, 2014, Fata v. MOE, ERT Registry Nos.: 13-145/13-146. Siskinds previously chronicled the history of anti-wind litigation since Ontario...
Continue reading the post titled More anti-wind power appeals dismissedTowards a New Class Action Certification Costs Framework?
Introduction In a succession of decisions issued in November 2013, Justice Belobaba articulated a new framework for determining the appropriate level of costs to be awarded on class action certification motions.1 Citing the fundamental objective of access to justice, Belobaba J. expressed a preference for a no costs regime in class proceedings. His Honour indicated...
Continue reading the post titled Towards a New Class Action Certification Costs Framework?Auditors Must Properly Audit Their Client Companies and Would be Legally Liable if they Fail to do so, Supreme Court of Canada Holds
Case commentary: Deloitte & Touche v Livent Inc (Receiver of), 2017 SCC 63 In a long-awaited judgment rendered today, a unanimous Supreme Court of Canada held that Deloitte & Touche (now, Deloitte LLP) owed, and breached, a duty of care by failing to perform a proper statutory audit of its client, the defunct Livent Inc....
Continue reading the post titled Auditors Must Properly Audit Their Client Companies and Would be Legally Liable if they Fail to do so, Supreme Court of Canada HoldsU.N. Climate Report: Irreversible Change Near Certain
Warming of the climate system is unequivocal, and since the 1950s, many of the observed changes are unprecedented over decades to millennia. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, and sea level has risen.
Continue reading the post titled U.N. Climate Report: Irreversible Change Near CertainReceive Blog Posts
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