Disclosure requirements bring challenges for franchisors
The greatest disadvantages facing franchisors in Canada include the costs, complexities and risks associated with franchise disclosure, including possible personal liability for the signatories of the franchise disclosure document, franchise lawyer Peter Dillon tells Corporate LiveWire’s Franchise Law 2015 Virtual Round Table. “Another significant downside to franchising is the growing difficulty in finding good franchisees; i.e., people who are...
Continue reading the post titled Disclosure requirements bring challenges for franchisorsDo I Have to Collect HST if I am Just Selling my Vacant Land?
Determining whether or not you have to pay Harmonized Sales Tax (“HST”) during a real estate transaction can be a tricky situation. There can be rebates, exceptions and a whole host of factors which come into play. The sale of a vacant lot carries with it its own problems. When Do you Have to Pay...
Continue reading the post titled Do I Have to Collect HST if I am Just Selling my Vacant Land?More on lead paint cleanup ordered in California
Last month, we gave brief highlights of a landmark lead paint liability case in California. Here is a more detailed analysis, prepared for the excellent legal blog SLAW. The California Superior Court has held three of five paint companies liable for a lead paint cleanup on the ground of public nuisance. The court ordered them...
Continue reading the post titled More on lead paint cleanup ordered in CaliforniaNew Minister of Environment and Climate Change
We’re rooting for Glen Murray, the new Ontario Minister of Environment and Climate Change.
Continue reading the post titled New Minister of Environment and Climate ChangeBuyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a reliance letter. Real estate lawyers, take note, please. In Community Mental Health Initiative Inc. v....
Continue reading the post titled Buyer can't rely on Seller's Environmental ReportsPublic participation restrictions do not violate Charter
Can the federal government successfully muzzle (non-aboriginal) opponents to major energy and resource projects? So far, yes.
Continue reading the post titled Public participation restrictions do not violate CharterThe dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
Continue reading the post titled The dirty side of "clean fill"Fielding suing Canada re PCB waste export ban
Fielding Chemical can now sue the federal government for damages, for the extra costs it incurred in disposing of PCB waste because of federal orders closing the US border to PCB exports, and as a result of storing the PCB waste at its facility for additional years while losing the opportunity to use the land and...
Continue reading the post titled Fielding suing Canada re PCB waste export banBuyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.
Continue reading the post titled Buyer can’t expect compensation for pre-existing contaminationEcojustice successfully defends drought restrictions against MOE/ Nestle
Congratulations to Ecojustice for successfully defending drought restrictions in a water taking permit against the combined forces of the Ministry of the Environment and the giant water bottler, Nestle Canada.
Continue reading the post titled Ecojustice successfully defends drought restrictions against MOE/ NestleReceive Blog Posts
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