Guardianship Applications and the Substitute Decisions Act
Usually, a power of attorney document will be used when a person becomes incapable. However, if that person did not have a power of attorney for property or personal care before they became incapable, a decision maker may have to be appointed by the court under the Substitute Decisions Act. This is known as a...
Continue reading the post titled Guardianship Applications and the Substitute Decisions ActMunicipal Anti-Wind By-Laws Inoperative
Another Ontario municipality’s attempts to block wind energy development have been thrown out by the courts. Municipalities cannot use anti-wind by-laws to frustrate Renewable Energy Approvals (REA), under the Green Energy Act, S.O. 2009, c. 12 (“Green Energy Act”).
Continue reading the post titled Municipal Anti-Wind By-Laws InoperativeCompetition Class Actions Cross The Pond
North American style “opt-out” class actions are finally coming to the UK, albeit with a number of unique procedural and substantive modifications. The recent amendments contained in the Consumer Rights Act 2015, which amends the Competition Act 1998, signal a historic shift toward class proceedings. The Consumer Rights Act 2015 introduces the mechanism of “collective...
Continue reading the post titled Competition Class Actions Cross The PondToward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.
“Get those coming up from under! Los de Abajo! Get the underdogs!” [1] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[2] I can only assume the plaintiff farmer, Adolfo...
Continue reading the post titled Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.Neighbourly Bad Blood Results in Cost Award at the Tribunal
An alleged oil spill that occurred in 1990, giving rise to extensive proceedings before the Environmental Review Tribunal (“Tribunal”) and Superior Court, took an unexpected turn earlier this year, leading the Tribunal to issue an unusual costs award. In May 2014, the Ministry of the Environment and Climate Change (“Ministry”) issued an order against Mr. Krek,...
Continue reading the post titled Neighbourly Bad Blood Results in Cost Award at the TribunalEmerging guidance on substantial compliance Wills in 2023
Until recently, a Will in Ontario had to meet the strict formal validity requirements set forth in the Succession Law Reform Act1 (the “Act”) in order to be valid. This meant that a Will had to be in writing and signed by the testator in the presence of two witnesses who also signed the document....
Continue reading the post titled Emerging guidance on substantial compliance Wills in 2023Environmental orders: no stay pending appeal
Is the "public interest" in getting environmental work done immediately more important than whether there is a sound legal basis for making a particular person pay for it?
Continue reading the post titled Environmental orders: no stay pending appealCross-Border Cooperation in Class Action Litigation
This is an excerpt from an article written by Siskinds Class Action lawyers Ron Podolny and Daniel Bach and originally published by the American Association for Justice. Introduction Counsel in Canada and the U.S. frequently pursue parallel class actions on the basis of identical allegations, against the same defendants. For instance, most defective consumer products that...
Continue reading the post titled Cross-Border Cooperation in Class Action LitigationKivalina loses its climate change nuisance case again
The City and Village of Kivalina, population about 400, sits on the tip of a six-mile barrier reef on the northwest coast of Alaska. The residents depend on the sea ice that forms along the coast to shield them from violent storms. Sea ice has consistently declined in recent years – it is thinner, smaller,...
Continue reading the post titled Kivalina loses its climate change nuisance case againWhy isn't industry more worried about Reg. 419/05?
If wildly improbable events are the benchmark for measuring compliance, industrial facilities in urban locations will rarely “comply”.
Continue reading the post titled Why isn't industry more worried about Reg. 419/05?Receive Blog Posts
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