As minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: credit for compliance with regulatory orders, and concurrent...
Continue reading the post titled As minimum fines get higher, is there a work-around?Marriott Privacy class action: Ontario Court’s decision on carriage paves the way to addressing the problematic multiplicity of Class Actions across Canada
In a recent carriage decision, Winder v Marriott, 2019 ONSC 5766 (“Winder”), Siskinds LLP was appointed as Class Counsel of a national class proceeding out of Ontario against Marriott International, Inc., Luxury Hotels International of Canada, ULC, and Starwood Canada ULC on behalf of all Canadian residents whose personal information was accessed by unauthorized parties in or as...
Continue reading the post titled Marriott Privacy class action: Ontario Court’s decision on carriage paves the way to addressing the problematic multiplicity of Class Actions across CanadaMunicipal Car Reduction Strategies
Municipalities are starting to focus on finding ways to reduce the pollution, traffic congestion, and other urban issues caused by an overabundance of cars on municipal streets. There are many strategies available to municipalities looking to reduce the volume of cars using their infrastructure. Often, municipalities implement programs to make it more expensive for cars...
Continue reading the post titled Municipal Car Reduction StrategiesHow Ontario Regulates the Prevention and Containment of Forest Fires
Forest fires in Northern Ontario have been cause for alarm during the last two weeks, with residents in multiple communities being forced to evacuate their homes to escape the flames. Particularly affected is the Parry Sound District, as a result of the fire known as “Parry Sound 33”. This fire remains uncontrolled and spans 10,139...
Continue reading the post titled How Ontario Regulates the Prevention and Containment of Forest FiresWhat about greenhouse gas emissions – Are we going far enough?
Recently, two cases State of Netherlands v Urgenda (December 20, 2019) and Juliana v. United States (January 17, 2020) highlight the contradictory role of the courts as it relates to reductions in greenhouse gas emissions. The Urgenda decision, issued by the Supreme Court of the Netherlands, upheld lower court decisions in 2015 and 2018 that...
Continue reading the post titled What about greenhouse gas emissions – Are we going far enough?Federal govt proposes new air pollution regulations
The federal government has proposed a major set of new air pollution regulations to reduce industrial-source air pollution, starting with performance standards for the cement sector and two equipment types: gaseous-fuel-fired non-utility boilers/ heaters and stationary spark-ignition gaseous-fuel-fired engines. The regulations would also achieve modest reductions in greenhouse gas emissions. According to the regulatory impact...
Continue reading the post titled Federal govt proposes new air pollution regulationsWaste Diversion Ontario and Stewardship Ontario to arbitrate
Waste diversion in Ontario is spawning an unusual amount of litigation this year. Waste Diversion Ontario (WDO), the delegated administrative authority which oversees several waste diversion programs under the Waste Diversion Act, is sending its breach of contract dispute with Stewardship Ontario to arbitration. This is separate from the Blue Box funding arbitration that began last week before arbitrator...
Continue reading the post titled Waste Diversion Ontario and Stewardship Ontario to arbitrateIf it looks like a franchise, it’s a franchise
By Peter Dillon for AdvocateDaily.com In another decision in the line of “accidental franchisor” cases, Justice Mary E. Vallee, of the Ontario Superior Court of Justice, granted summary judgment on the basis of non-disclosure to plaintiffs who purchased the rights to operate an alcohol delivery service under an established trademark. This decision reiterates that a business relationship may...
Continue reading the post titled If it looks like a franchise, it’s a franchiseNew Fisheries Minister’s Mandate to Advance Bill C-68 – the reform of the Fisheries Act
On August 28, 2018, Prime Minister Trudeau issued a fresh mandate letter to Canada’s new Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honorable Jonathan Wilkinson, who was appointed on July 18, 2018. The minster is directed to implement and develop the Oceans Protection Plan; to achieve the government’s goal of protecting 10...
Continue reading the post titled New Fisheries Minister’s Mandate to Advance Bill C-68 – the reform of the Fisheries ActBill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional
UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Registry indicates that the Bill is intended to “stimulate business investment, create...
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