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Published on: 7 May 2009 By (Dianne Saxe)

Green energy and condominiums

Should the Condominium Act be amended to encourage developers to include green energy and energy conservation in condominium projects? This was the subject of a fascinating and passionate exchange between members of the Ontario Bar Association’s Real Property Section, which some of you will enjoy reading: ย  Dear Chris, Further to our conference call yesterday...

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Published on: 23 Jun 2013 By (Dianne Saxe)

Who pays when polluters canโ€™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...

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Published on: 24 Nov 2016 By

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.ย That said, the reality is that many people criminally charged are guilty.ย Even where innocent, it can take months โ€“ if not years โ€“ before criminal charges are resolved, during which time it is not uncommon for much irreparable negative...

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Published on: 29 Jan 2015 By

Ontario proposes new Drinking Water Standards

The Ontario Ministry of Environment and Climate Change (MOECC) is proposing to tightenย the permissible levels of someย contaminants in piped drinking water, and to adopt standards for other as yet unregulated chemicals. MOECC is holding a Regulatory Consultationย until February 16, 2005. The changes will amend Ontario Regulation 169/03โ€”Drinking Water Standardsย under the Safe Drinking Water Act. These...

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Published on: 6 Dec 2017 By

Chris Collins comments on Globe & Mail article about insurance assessment firms and accident victim reports

The Globe and Mail has written another article about abusive practices in insurerโ€™s examinations. The article has the headline, “Insurance assessment firms altered, ghostwrote accident victim reports“. A couple of the problems the article covers, are assessors taking comments out of context, and picking and choosing what to put in a report. In quoting one...

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Published on: 21 Dec 2022 By

Labour law 101:ย Collective bargaining*

What is collective bargaining? Continuing with our labour law series, in this weekโ€™s blog post we will discuss collective bargaining, the process by which a union and an employer negotiate the terms and conditions of employment for employees for whom the union holds bargaining rights. What is a collective agreement? At a minimum, a collective...

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Published on: 9 Apr 2015 By (Dianne Saxe)

Expert Evidence at the Environmental Review Tribunal

Dianne Saxe spoke last week at the Ontario Bar Association seminar on Using Environmental Experts Effectively at the Ontario Environmental Review Tribunal. Here is a copy of her presentation:ย Experts at Environmental Review Tribunal. In theory, expert evidence at the Tribunal is governed by much the same rules as in the civil and criminal courts, and...

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Published on: 7 Aug 2019 By

Speeding up Certification by Extending Filing Deadlines?

On July 17, 2019, the Law Commission of Ontario (โ€œLCOโ€) released its final report, Class Actions: Objectives, Experience and Reforms. The LCO report makes 47 recommendations to reform Ontarioโ€™s Class Proceeding Act (โ€œCPAโ€) and related policies. One major theme of the report is that the speed of class actions should be improved significantly. Attention to...

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Published on: 24 Jan 2020 By

Guidance from the Canadian Securities Regulators on crypto-platforms

Last week, the Canadian Securities Administrators (the โ€œCSAโ€) published guidance on situations when securities legislation may apply to entities that facilitate crypto-currency trading. The CSA is an umbrella organization of securities regulators from each of the provinces and territories.ย The CSAโ€™s mandate is to protect Canadian investors from unfair, improper or fraudulent practices, and to foster...

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Published on: 10 May 2021 By

Dependant support claims: the basics

The ability to choose who you want to include in your Will and what you want that person to receiveโ€”commonly referred to as โ€œtestamentary freedomโ€โ€” is a deeply entrenched common-law principle. In the case ofย Canada Trust Co. v. Ontario (Human Rights Commission)ย (1990),ย 1990 CanLII 6849, the Court of Appeal for Ontario noted that โ€œthe freedom of...

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