Partial 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-Clients$2.5 million in fines issued in relation to large diesel spill
In the latest of a string of federal environmental prosecutions leading to significant fines against corporate offenders, Canadian National Railway Company (“CN”) has been fined $2.5 million after pleading guilty to committing a number of infractions under the Fisheries Act and under the Can…
View the post titled $2.5 million in fines issued in relation to large diesel spillQuébec – New Code of Civil Procedure – Experts
On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for law…
View the post titled Québec – New Code of Civil Procedure – ExpertsThe federal government’s proposed approach to reforming Canada’s environmental laws
The federal government has released a discussion paper outlining aspects of the approach it proposes to take to implement planned reforms to Canada’s environmental laws. It is inviting comments from the public until August 28, 2017. We’ve previously written about the progress of these reform…
View the post titled The federal government’s proposed approach to reforming Canada’s environmental lawsToward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.
“Get those coming up from under! Los de Abajo! Get the underdogs!” [1] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[2] I…
View the post titled Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.Receive Blog Posts
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