Investigation v. Inspection
An appeal court has confirmed it again: an inspection can continue while an investigation is underway, but investigators must be able to prove that they did not use any information from such an inspection. In R. v. Crown Cork and Seal, the Ministry of the Environment investigator met with an inspector, but neither kept notes...
Continue reading the post titled Investigation v. InspectionBetter comments on permit-by-rule for water taking
Will Ontario’s proposed rules for “permit-by-rule” water takings work? Stephen English of the Region of Halton has graciously allowed me to post some of his helpful comments on the details of Ontario’s proposal to replace some Permits to Take Water, especially for construction dewatering, with a “permit by rule” exemption under the Environmental Activity and Sector Registry. He doesn’t...
Continue reading the post titled Better comments on permit-by-rule for water takingFederal Environmental Assessment and Land Use Planning: Interjurisdictional Issues
The Ontario Superior Court of Justice has released a decision which demonstrate that the relationship between environmental assessments and land use planning remains as complex as ever, especially when interjurisdictional issues are involved. The October 29, 2018 decision in Halton v. CNR, 2018 ONSC 6095, a motion to stay an application, involves a Canadian National...
Continue reading the post titled Federal Environmental Assessment and Land Use Planning: Interjurisdictional IssuesKeep your ‘Secret Sauce’ secret: protecting confidential information in commercial relationships and transactions
When businesses negotiate potential transactions or contracts, or discuss opportunities to collaborate on a project or venture, it is likely that one or more of the parties will be sharing information that is non-public and confidential in nature.1 Maybe your business doesn’t have a ‘secret sauce’, but you may wish to protect the confidentiality of...
Continue reading the post titled Keep your ‘Secret Sauce’ secret: protecting confidential information in commercial relationships and transactionsClient’s late filing claim represents high standard for counsel
A lawyer’s allegation that his former law firm’s late filing of a statement of claim cost him the chance to sue a car company for his difficulties in establishing a dealership, would represent a high standard for lawyers in terms of going back and analyzing all documents to find out when exactly a client should...
Continue reading the post titled Client’s late filing claim represents high standard for counselClient’s late filing claim represents high standard for counsel
Note: This article was also originally published on AdvocateDaily.com A lawyer’s allegation that his former law firm’s late filing of a statement of claim cost him the chance to sue a car company for his difficulties in establishing a dealership, would represent a high standard for lawyers in terms of going back and analyzing all...
Continue reading the post titled Client’s late filing claim represents high standard for counselConservation authorities permitting changes
The Ministry of Natural Resources has Proposed Amendments to Conservation Authority Regulations made and approved under Section 28 of the Conservation Authorities Act. The amendments don’t seem objectionable. They are intended to streamline the permitting process for grading and filling flood plains, by extending the maximum period of a permit from 24 months to 60 months...
Continue reading the post titled Conservation authorities permitting changesIs Alberta greenwashing its greenhouse gas emissions?
Alberta frequently claims to be “greening” its dirty, fossil-fuel industries: coal and oil sands. One major, much-vaunted initiative is the Greenhouse Gas emission system
Continue reading the post titled Is Alberta greenwashing its greenhouse gas emissions?Drinking water and "contamination"
Eric Hood of Golder Associates Ltd. notes that municipal drinking water often doesn’t meet Ontario’s contaminated site cleanup standards, with potentially serious consequences for cleanups:
Continue reading the post titled Drinking water and "contamination"Absenteeism: When Is It Enough to Warrant Termination?
This issue was addressed in the recent arbitral decision of Humber River Hospital v. Teamsters, 2014 CanLII 50008 (ON LA), where the grievor was employed in the Dietary Department of the hospital and had been for fifteen years. The grievor had a persistent pattern of frequent and unexpected short-term absences. The grievor attributed the majority...
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