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Published on: 1 Sep 2022 By

Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.

In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pier…

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Published on: 8 Mar 2022 By

Getting it right in Ontario courts’ treatment of honoraria – Doucet and Redublo

In the event of a successful monetary settlement in a class proceeding, courts may order that additional compensation, in the form of a payment called an honorarium, be paid to a representative plaintiff who has meaningfully contributed to advancing litigation on behalf of the class. Honorar…

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Published on: 22 Nov 2018 By

Government “Eco Fees” on New Tires Eliminated

If you recently purchased winter tires in Ontario you may have noticed that the government “eco-fees” charged on the purchase of new tires was eliminated as of October 1, 2018. The fee, which was approximately $3.30 per tire for passenger and light trucks was levied by the government to supp…

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Published on: 18 Jun 2018 By

Doug Ford to cancel Ontario’s cap-and-trade program

Just a little over three months ago, on Wednesday, February 28th, 2018 the Ontario government announced that its first venture into the international carbon market was a success. The auction of allowances raised approximately $471 million. The monies raised from the auction are allocated to …

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Published on: 16 Jun 2014 By

Alberta TCE class action – claims in trespass, nuisance, Rylands v. Fletcher dismissed

Canadian Pacific Railway (CPR) operated a train repair facility, known as the Ogden shops, since the early 1900s in a heavily industrialized area outside Calgary. Over the years, a residential area grew up around the shops. TCE was used as a degreaser in the shops from the mid-1950s to the m…

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Published on: 23 Jan 2014 By (Dianne Saxe)

MacQueen class action struck out re Sydney Tar Ponds

The Nova Scotia Court of Appeal has struck out the groundbreaking class action that had been certified relating to contamination from the Sydney Tar Ponds and the associated steel and coke plants: MacQueen v. Ispat Sidbec Inc. This is another major setback to plaintiffs in contaminated land …

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