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Published on: 28 Oct 2016 By

When is a pit a “pit”?

The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of “pit” under section 1(1) of the Aggregate Resources Act (“ARA”). AJL Janssen Landscaping (“AJL”) is a landscaping, road building, excavation, drilling, and…

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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 Rous…

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Published on: 30 Sep 2016 By

A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations

The development of the common law depends on the Bar proposing something new when circumstances require. I recognize that’s not new thinking. Denning said it in 1954 and certainly better than me, in Parker: If we never do anything which has not been done before, we shall never get anywhere. …

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Published on: 29 Sep 2016 By

Limits to the intervention capability of the Quebec Class Action Fund

On September 7, 2016, the Superior Court of Quebec rendered an interesting judgment that clarified the limits of the power of intervention of the Fonds d’aide aux actions collectives (hereinafter referred to as the “Fonds”). The Fonds’s mission is to provide financial support to …

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Published on: 26 Sep 2016 By

Former counsel escapes damages award when new counsel fails to sue on time

In June, 2016, Justice Faieta of the Ontario Superior Court of Justice awarded damages of $57,712.31 plus interest against legal counsel who failed to file a claim within the required limitation period. Missed deadline and time-management errors are the biggest cause of claims against lawyer…

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