When it comes to anti-wind power appeals, all turtles are not created equal
The Environmental Review Tribunal has dismissed another anti-wind power appeal, holding that evidence to substantiate claims of “serious and irreversible harm to animal life” must be site-specific, species-specific, and quantifiable. The Tribunal released its decision in Bain v. Director, Ministry of the Environment, 2014 WL 888126 on February 27, 2014, allowing the five-wind turbine Emestown...
Continue reading the post titled When it comes to anti-wind power appeals, all turtles are not created equalOntario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)
In Davies v. Clarington (Municipality), 2023 ONCA 376, the Ontario Court of Appeal reached the reasonable conclusion that non-party lenders with no involvement in directing litigation are not liable to pay an adverse costs award that a plaintiff will not pay. On this appeal, the Court provides a helpful statement of the law on awarding...
Continue reading the post titled Ontario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)Drive Clean fines: $52,500 plus surcharge
The Ontario Ministry of the Environment obtained fines of $52,500 plus the 25% Victim Fine Surcharge against a Markham Drive Clean Facility, its owner and drive clean inspector and four of its customers for submitting false information about Drive Clean tests. Kwok-Man (Bill) Hon was the business owner and corporate officer of Triumph Auto Centre...
Continue reading the post titled Drive Clean fines: $52,500 plus surchargePollution, hot spots and environmental justice
Is it acceptable for legal pollution levels to be higher in some neighbourhoods than in others? In the US, pollution is often concentrated in areas of colour, including the famous Cancer Alley. Changing this is called “environmental justice”, and is an important priority for US EPA Administrator Lisa Jackson.
Continue reading the post titled Pollution, hot spots and environmental justiceThe (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts
Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies and products to other members of Facebook and externally without her consent....
Continue reading the post titled The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer ContractsVicarious liability of school boards for sexual assault by teachers
“Vicarious liability” is a legal concept which can cause employers to be held accountable for the negligent and, in some cases, intentional misconduct of their employees. The possibility of a finding of vicarious liability is intended to act as a deterrent to ensure employers put systems in place to prevent wrongdoing by their employees. In...
Continue reading the post titled Vicarious liability of school boards for sexual assault by teachersContext is everything – Miller v FSD Pharma Inc.
In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (“OSA”) for misrepresentations in secondary market disclosure. We have probably all heard the saying “context is everything.”...
Continue reading the post titled Context is everything – Miller v FSD Pharma Inc.What To Do If You Are Injured In An Accident In The United States
Each year, many Ontarians are involved in car accidents while travelling outside of the province. These claims often involve complex issues, such as where a civil action should be started and questions as to which jurisdiction’s laws should apply. If you are from Ontario and are involved in a car accident in the United States,...
Continue reading the post titled What To Do If You Are Injured In An Accident In The United StatesProposed changes to Reg. 347- Waste
Half of the amendments are intended to ensure that the Ministry wins long-standing arguments about the interpretation of the regulation.
Continue reading the post titled Proposed changes to Reg. 347- WasteBeyond Branco: A Comparison Of Recent Decisions On Insurers’ Bad Faith And Punitive Damages
The recent decision Branco v American Home Assurance Company received a lot of attention for the high damages awarded against an insurer for acting in bad faith. Branco was just one of a series of cases dealing with bad faith damages in Canada over the last year. In this article, Siskinds looks at those cases...
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