Legal costs in Ontario: How they’re awarded and what it means for litigants
When our clients become involved in litigation, one of the first questions they often ask us is, “Can I claim my legal expenses?” While every claim is different, typically costs follow the event in Ontario. This means that, at the conclusion of trial, the successful party can expect the judg…
View the post titled Legal costs in Ontario: How they’re awarded and what it means for litigantsIs it even a pilot project 24 years later?: The case for mandatory mediation across Ontario
Lawyers practicing any form of litigation know that mediation can be a client’s best friend. It’s an efficient, effective, and fair mechanism to resolve clients’ differences in a timely way. In 1999, the Ontario Mandatory Mediation Program established a pilot project to test the advantages o…
View the post titled Is it even a pilot project 24 years later?: The case for mandatory mediation across OntarioGovernment “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…
View the post titled Government “Eco Fees” on New Tires EliminatedKawartha oil spill cost recovery litigation drags on
City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill, the Ministry saddled the City with $471,6…
View the post titled Kawartha oil spill cost recovery litigation drags onMy first trial, still good law 30 years later
The first decade of Dianne Saxe’s professional life was devoted to energy/transportation policy and regulation, not litigation. So this week is the thirtieth anniversary of her first litigation victory: Public Trustee v. Mortimer et al. At the time, I represented the office of the Publ…
View the post titled My first trial, still good law 30 years laterYes, Ontario lawyers can talk to their experts
Lawyers must work with experts to focus and clearly express their opinion testimony. The lawyer cannot tell the expert what to say, but must ensure that the export report addresses the relevant questions in a clear and comprehensible way that will assist the judge to decide the lawsuit.
View the post titled Yes, Ontario lawyers can talk to their expertsSydney Tar Ponds Environmental Class Action is over
The neighbours wanted to hold the federal and provincial governments liable for air, water and soil pollution caused by the historic Sydney steel mill and coke works
View the post titled Sydney Tar Ponds Environmental Class Action is overMillions 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 gr…
View the post titled Millions for offsite gasoline contaminationSystemic problems in Canada’s protection of species at risk
In a groundbreaking case, Ecojustice has demonstrated the “endemic systemic problems” in Canada’s species at risk protection regime. On February 14, 2014 Justice Mactavish of the Federal Court released her decision in Western Canada Wilderness Committee v. Canada (Fisherie…
View the post titled Systemic problems in Canada’s protection of species at riskDianne’s Halifax presentation on contaminated site litigation
Here is Dianne’s presentation to the Canadian Bar Association Mid-winter meeting in Halifax, on Contaminated Site Litigation after Inco. We include a really useful list of Caveat emptor case summaries, with thanks to researcher Kristen Courtney.
View the post titled Dianne’s Halifax presentation on contaminated site litigationReceive Blog Posts
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