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Published on: 9 Jan 2013 By (Dianne Saxe)

Dust from asphalt plant triggers $81,250 penalty

Ingram Asphalt Inc. was fined $65,000 plus victim fine surcharges of $16,250 for discharging dust and particulate adversely impacting the surrounding environment and community. The company failed to notify the ministry of the dust emissions and did not comply with conditions of a ministry order.

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Published on: 12 Apr 2017 By

Des Moines Water Works sues County for Agricultural Runoff

The Storm Lake Times, a small family-run Iowa newspaper, won a 2017 Pulitzer Price award for its coverage of issues associated with farm pollution from local agricultural companies and the failure of the County to control the agricultural runoff in the area. The Storm Lake Times covered how the counties in the area allow too...

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Published on: 16 Apr 2013 By (Dianne Saxe)

Environmental Tribunal blocks afterthought grounds for leave to appeal

Ontario’s Environmental Review Tribunal has refused to allow a developer to completely change its proposed grounds for seeking leave to appeal an Environmental Compliance Approval given to an existing industry, under the Environmental Bill of Rights and the Environmental Protection Act. The developer, Brimley Progress Developments, wants to build residential condominiums right next door to...

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Published on: 25 Apr 2013 By (Dianne Saxe)

Why the Supreme Court decision in AbitibiBowater won’t work

We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In short, the Supreme Court ruled that environmental orders can...

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Published on: 21 Mar 2017 By (She/Her)

The Importance of Good Lawyer Advice in Family Law

“Common sense seems to have gone out the window”  Lately there seems to be a trend in which judges have been rendering decisions where they are censoring litigants, counsel and government bodies such as Legal Aid of Ontario. In a recent decision the court found fault with the parties and Legal Aid of Ontario. In...

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Published on: 11 May 2017 By

Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095

Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinence (“SUI”) and Pelvic Organ Prolapse (“POP”). SUI is the involuntary leakage of urine on effort or exertion, such...

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Published on: 19 Jun 2017 By

Indecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment Contracts

Asking existing employees to sign new employment contracts can be a sensitive topic. Employees will undoubtedly wonder why they are being asked to do so. Many will quite rightly assume that the employer’s main motive for having new contracts be signed is to protect the employer – not the employee. Some will sign without issue, while others will...

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Published on: 23 Apr 2020 By

Force Majeure and the COVID-19 pandemic

What is “Force Majeure”? Force Majeure provisions, which stem from the French term meaning “greater force” or “superior force” are incorporated into many types of commercial agreements. These clauses are generally put in place to relieve a party from having to perform its contractual obligations due to the occurrence of an unexpected, unforeseen, supervening, and...

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Published on: 29 Mar 2009 By (Dianne Saxe)

OBA comment on the Green Energy Act

As Public Affairs for the Environmental Law Section of the Ontario Bar Association, I had the privilege of organizing and editing the OBA’s comments on the Green Energy and Green Economy Act, Bill 150. On the whole,  we strongly support the Bill, but have pointed out a number of areas that require clarification. Dear Mr....

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