Application Of Biosolids On Farmland Successfully Defended
A recent decision reiterates the importance of credible expert evidence in litigation relating to contaminated property. The Plaintiff claimed that well water on her property was contaminated as a result of the application of municipal sewage (biosolids) waste to the neighbouring farmland owned by the Defendant. She sought damages from the neighbouring property owner on...
Continue reading the post titled Application Of Biosolids On Farmland Successfully DefendedDrugs in our Drinking Water
Scientists have known for decades that low concentrations of drugs are often present in drinking water, but there has not been much published on drugs in the Canadian water supply. A recent study conducted by Servos et al. for Environment Canada’s National Water Research Institute (NWRI) provided some useful Ontario data.
Continue reading the post titled Drugs in our Drinking WaterWater rebates — a new twist on enforcement
Violations of a municipal sewer by-law are normally punished by prosecution. This requires a municipality to prove, beyond a reasonable doubt, that a violation has occurred. In addition, the defendant has an opportunity to escape punishment by proving that it used due diligence. The maximum fines are set by by-law, and are often relatively modest;...
Continue reading the post titled Water rebates — a new twist on enforcement$20,000 for breach ECA at wood recycler
Two Vaughan companies were fined $20,000, plus the 25% victim fine surcharge, for failing to comply with a ministry approval for their woodwaste processing and transfer site. Keele North Recycling Inc. operates a waste processing and transfer site located in Vaughan, owned by Keele North Recycling Holdings Inc. The companies failed to comply with a...
Continue reading the post titled $20,000 for breach ECA at wood recyclerMinistry of Transport pays $250,000 for Fisheries Act charges
Ontario’s Ministry of Transportation has plead guilty to two charges under the old federal Fisheries Act, and has agreed to pay a $250,000 penalty. The charges were laid by Fisheries and Oceans Canada (DFO), and relate to sediment released from a Highway 11 construction project near Burks Falls, Ontario, March 30 to April 15, 2011....
Continue reading the post titled Ministry of Transport pays $250,000 for Fisheries Act chargesFisheries Act Violation Results In $350,000 Fine
On February 20, 2019 Fraser River Pile and Dredge GP Inc. (“Fraser”) was ordered to pay a penalty in the amount of $350,000.00 after pleading guilty to depositing a deleterious substance into water frequented by fish, contrary to the Fisheries Act. Section 36(3) of the Fisheries Act states that: “…no person shall deposit or permit...
Continue reading the post titled Fisheries Act Violation Results In $350,000 FineCannabis Trademark Licensing and the Accidental Franchise
Certain licensed producers have been licensing their trademarks (or the trademarks of their retail arm) to successful applicants for Ontario cannabis retail licenses. Trademark license agreements involve downside legal risk; in particular, the “accidental franchise”, and must be drafted with a view to the laws and cases that define the boundaries between franchising and licensing....
Continue reading the post titled Cannabis Trademark Licensing and the Accidental FranchiseBC Court of Appeal rules legislation with the sole effect of setting conditions for Trans Mountains Pipeline is not within BC’s authority.
On May 24, 2019, the BC Court of Appeal released a unanimous decision in Reference re Environmental Management Act (British Columbia), 2019 BCCA 181. At issue in this reference case was a proposed amendment to BC’s Environmental Management Act (“EMA”) dealing with “hazardous substance permits” that would give BC permitting authority over the Trans Mountain...
Continue reading the post titled BC Court of Appeal rules legislation with the sole effect of setting conditions for Trans Mountains Pipeline is not within BC’s authority.Ontario bans some commercial evictions
The Ontario government recently passed the Protecting Small Business Act, 2020, amending the Commercial Tenancies Act to temporarily halt or reverse evictions of commercial tenants and to protect those tenants from having their assets seized or being locked out during COVID-19. The restrictions apply to: (1) landlords eligible to receive assistance under the Canada Emergency...
Continue reading the post titled Ontario bans some commercial evictionsExcluded benefits – General exclusions under Ontario’s no-fault accident benefits regime
In Ontario, an individual injured as a result of a motor vehicle accident can claim from the automobile insurance company for various benefits under the Statutory Accident Benefits Schedule (the “SABS”). The purpose of the SABS is to allow an insured individual access to necessary treatment and benefits in a timely manner. The benefits are...
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