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Published on: 13 Nov 2017 By

Securities Disclosure and the Direct Liability of Parent Companies at Common Law

In this post, I am canvassing a topic that has been the subject of passing comment by others, but which remains an unconsidered and unresolved issue in Canadian transnational tort cases. The issue is this: in considering whether a parent company owes a duty of care to a third party affected by the operations of...

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Published on: 5 Oct 2018 By

21st Annual Estates and Trusts Law Summit – October 10 & 11

Siskinds associate Dagmara Wozniak will be speaking at the 21st Annual Estates and Trusts Law Society of Ontario Summit on October 10th, sharing her knowledge on the topic of “Real Estate Issues in Estate Litigation”. To find out more about the two-day summit, taking place at the Metro Toronto Convention Centre, click here: https://store.lso.ca/21st-annual-estates-and-trusts-summit-day-one

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Published on: 21 Aug 2014 By

Millions for offsite gasoline contamination

The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd. illustrates, and will perpetuate, the continuing confusion over liability for off site groundwater plumes. Justice Leitch never explains how her decision can be reconciled with the landmark Smith v....

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Published on: 6 Oct 2016 By

$900,000,000 Class Action launched against Ontario for flooding in Muskoka Lakes

Residents of Muskoka launched a $900,000,000 class action against the Ontario Ministry of Natural Resources and Forestry (“MNRF”) on September 14, 2016. They allege damages related to “[MNRF’s] failure to adequately manage and lower the water levels of Lake Joseph, Lake Muskoka and Lake Rousseau… which resulted in significant property damage to the Plaintiff.” The residents...

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Published on: 21 Sep 2018 By

Environmental Review Tribunal Clarifies Section 34(1) of OWRA

The Environmental Review Tribunal (“ERT”) recently released a decision clarifying the scope of section 34(1) of the Ontario Water Resources Act R.S.O. 1990, c. O.40, (“OWRA”). The City of Thunder Bay (“City”) in Thunder Bay (City) v. Ontario (Environment, Conservation and Parks), ERT no. 18-024 (“Thunder Bay”) brought a motion pursuant to an appeal by...

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Published on: 21 Feb 2018 By

Is Your Franchise Disclosure Document Up to Date?

What is a Franchise Disclosure Document? Franchise legislation in Canada (BC, Alberta, Manitoba, Ontario, New Brunswick and PEI) requires that franchisors offering franchises for sale in those provinces provide prospects with a franchise disclosure document (“FDD”) prior to selling a franchise to that prospect (technically, the FDD must be delivered prior to accepting a non-refundable...

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Published on: 10 Dec 2013 By

Terminating Employees on Job-Protected Leaves: Can I do it?

I recently blogged about the Expanding World of Job-Protected Leaves. In short, over the course of the last 12 years, new job-protected leaves have been added to the Employment Standards Act, 2000 (the “ESA”) at an ever-increasing pace. Employers sometimes call me expressing concern about such leaves. Business conditions have changed. Performance concerns have arisen. Employers need flexibility to...

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Published on: 12 Apr 2013 By

The Wit (not just wisdom) of the Bench

Most people (even lawyers!) usually think that reading case law is dry and humourless. But it depends on the judge! There have been several decisions over the last few years that have shown that judges have a sharp wit and a flair for writing! Take a moment to enjoy these. One example is R. v. Duncan,...

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Published on: 28 Nov 2011 By (Dianne Saxe)

Perc in your dry cleaned sweater?

Perchloroethylene (also called tetrachloroethylene, PCE or PERC) is a common dry cleaning solvent. It is also used in textile processing and degreasing. Exposure to this chemical is associated with a host of adverse effects. So we were struck by a recent study that shows PERC residues building up in some drycleaned clothes.

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