Environmental Tribunal blocks afterthought grounds for leave to appeal
Ontario’s Environmental Review Tribunal has refused to allow a developer to completely change its proposed grounds for seeking leave to appeal an Environmental Compliance Approval given to an existing industry, under the Environmental Bill of Rights and the Environmental Protection Act. The developer, Brimley Progress Developments, wants to build residential condominiums right next door to...
Continue reading the post titled Environmental Tribunal blocks afterthought grounds for leave to appealWhy the Supreme Court decision in AbitibiBowater won’t work
We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In short, the Supreme Court ruled that environmental orders can...
Continue reading the post titled Why the Supreme Court decision in AbitibiBowater won’t workWho has seen the spin? Wind opponents wrong about Fairview Wind decision
This decision opens no new door to legal claims against wind farms, nor does it bolster the acceptance of the wind opponents’ “evidence” in the courts.
Continue reading the post titled Who has seen the spin? Wind opponents wrong about Fairview Wind decisionThe Importance of Good Lawyer Advice in Family Law
“Common sense seems to have gone out the window”  Lately there seems to be a trend in which judges have been rendering decisions where they are censoring litigants, counsel and government bodies such as Legal Aid of Ontario. In a recent decision the court found fault with the parties and Legal Aid of Ontario. In...
Continue reading the post titled The Importance of Good Lawyer Advice in Family LawClass Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095
Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinence (“SUI”) and Pelvic Organ Prolapse (“POP”). SUI is the involuntary leakage of urine on effort or exertion, such...
Continue reading the post titled Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095Indecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment Contracts
Asking existing employees to sign new employment contracts can be a sensitive topic. Employees will undoubtedly wonder why they are being asked to do so. Many will quite rightly assume that the employer’s main motive for having new contracts be signed is to protect the employer – not the employee. Some will sign without issue, while others will...
Continue reading the post titled Indecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment ContractsQuĂ©bec – New Code of Civil Procedure – Experts
On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for lawyers and judges. In order...
Continue reading the post titled QuĂ©bec – New Code of Civil Procedure – ExpertsWhat is a Qualified Disability Trust?
The Qualified Disability Trust (QDT) was created in 2016 to temper changes to the tax rules for testamentary trusts (trusts set up by a Will). All testamentary trusts used to benefit from the graduated tax rates, however this was changed to tax all testamentary trusts at the top marginal rate. The QDT is an exception...
Continue reading the post titled What is a Qualified Disability Trust?In the Family Law Context: Custody and Guardianship of a Minor’s Property
Frequently I meet with clients who inquire about having a Will prepared, given their separation. They express concerns about their child(ren)’s future in the event something happens to them now that they are separated. The typical client may ask about what happens to “custody” of their child(ren) in the event of their death, and have...
Continue reading the post titled In the Family Law Context: Custody and Guardianship of a Minor’s PropertyBill 47 – Amendments to the Labour Relations Act, 1995
The legislation governing unionized workplaces in Ontario, the Labour Relations Act, 1995 (the “LRA”) will be amended by the Ontario government if the Making Ontario Open for Business Act, 2018 (“Bill 47”) passes in its current form.  Expected changes will include the following: Repeal of Union’s ability to obtain a list of employees Currently, s,...
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