Canada Consumer Product Safety Act – Does it Apply to Your Business?
The Canada Consumer Product Safety Act (“CCPSA”) has the stated purpose of protecting the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those products that are imported.[1] The legislation defines a “danger to hu…
View the post titled Canada Consumer Product Safety Act – Does it Apply to Your Business?Contributory Negligence
Some clients come to us believing that they won’t succeed in a claim for damages because they were at fault, or partially at fault for the accident which caused their injuries. What these clients often don’t know is that the law doesn’t view who is at fault as a black and white issue. Courts can,...
View the post titled Contributory NegligenceNew Treaty Governing Ocean Biodiversity on the Horizon?
A new treaty governing biodiversity and the use of nearly 50 per cent of the world’s oceans, is inching closer to realisation. The biodiversity of the world’s oceans are increasingly under threat from over-fishing, pollution, the decline of biodiversity, and acidification, among other perils…
View the post titled New Treaty Governing Ocean Biodiversity on the Horizon?Changes for Personal Injury Plaintiffs Receiving ODSP Benefits
As of August 1, 2017, the amount of money personal injury plaintiffs who are receiving Ontario Disability Support Program (“ODSP”) benefits are eligible to receive as compensation for pain and suffering, for out-of-pocket expenses and future care costs, and for Family Law Act claims is no lo…
View the post titled Changes for Personal Injury Plaintiffs Receiving ODSP BenefitsPartial resolution to ongoing litigation related to 2008 oil spill in Kawartha Lakes
In the latest twist in a long-standing saga, the Superior Court of Justice has ruled partially in favour of a landowner upon whose property in Kawartha Lakes an oil spill. In mid-December, 2008, Thompson Fuels (“Thompson”) delivered 700 litres of fuel oil to the residence of Wayne Gendron. T…
View the post titled Partial resolution to ongoing litigation related to 2008 oil spill in Kawartha LakesNAFTA Reform, Investor-State Dispute Settlement, and Environmental Regulation
Canada, the United States, and Mexico are set to begin the re-negotiation of the North American Free Trade Agreement (“NAFTA”) in August. The foreign investment protection chapter (Chapter 11) is likely to be among other contentious aspects of the treaty to be addressed. Chapter 11 protects …
View the post titled NAFTA Reform, Investor-State Dispute Settlement, and Environmental RegulationNeighbourly Bad Blood Results in Cost Award at the Tribunal
An alleged oil spill that occurred in 1990, giving rise to extensive proceedings before the Environmental Review Tribunal (“Tribunal”) and Superior Court, took an unexpected turn earlier this year, leading the Tribunal to issue an unusual costs award. In May 2014, the Ministry of…
View the post titled Neighbourly Bad Blood Results in Cost Award at the TribunalQuébec – New Code of Civil Procedure – Tolling Agreements
We continue to explore the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is tolling agreements. Based on the Civil Code of Quebec, tolling agreements aimed at suspending limitation by agreement are not possible in Quebec: 2883. Prescription may not be renounce…
View the post titled Québec – New Code of Civil Procedure – Tolling AgreementsQuébec – New Code of Civil Procedure – Costs
Here is the second installment of brief summaries relating to the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is costs. The cost regime in Quebec has always been favorable to the plaintiffs. The main difference with Common law jurisdictions is that in Quebec…
View the post titled Québec – New Code of Civil Procedure – CostsLavender v Miller Bernstein: An Auditor’s Duty to Non-Clients
Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein[1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is coun…
View the post titled Lavender v Miller Bernstein: An Auditor’s Duty to Non-ClientsReceive Blog Posts
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