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 …
View the post titled Limits to the intervention capability of the Quebec Class Action FundFormer 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…
View the post titled Former counsel escapes damages award when new counsel fails to sue on timeWill 3D printers save rhinos from extinction?
The international trade in endangered species is a lucrative business, with some recent estimates putting its worth at up to $20 billion annually, making it one of the most profitable international crimes, behind the illegal drug trade, the illicit arms trade, and human trafficking. The impa…
View the post titled Will 3D printers save rhinos from extinction?Appeal Court overturns OMB Overreach
At the end of August, the Divisional Court granted the Town of Richmond Hill’s appeal of a decision of the Ontario Municipal Board (OMB). The OMB approved Richmond Hill’s Official Plan policies that required the conveyance of parkland as a condition of development, but then directed that the…
View the post titled Appeal Court overturns OMB OverreachMunicipal orders under section 100.1 of the EPA
The seemingly never-ending litigation related to a spill of furnace oil fuel in the City of Kawartha Lakes is inching closer to resolution. In Technical Standards and Safety Authority v Kawartha Lakes, 2016 CanLII 41685 (ON ERT) the Environmental Review Tribunal (the “Tribunal”) tackled the …
View the post titled Municipal orders under section 100.1 of the EPATeck Metals to pay $8.25 million to Coleville Tribe
On August 12, 2016, Justice Suko of the U.S. District Court (Eastern District of Washington) ruled that Teck Cominco Metals, Ltd., a Canadian company, was liable to the Confederated Tribes of the Coleville Reservation for “response costs” of $8.25 million, plus prejudgment interest, under th…
View the post titled Teck Metals to pay $8.25 million to Coleville TribeIs there a “right to light?”
In urban environments, land and resources are finite and are, as a result, often faced with conflicts over the appropriate development and use of land. Such conflicts are particularly bitter when they concern proposed condominium development and “big box” store developments in the down…
View the post titled Is there a “right to light?”The tricky business of limitations and contaminated land claims
In May of 2016, the Superior Court of Justice delivered reasons in Valco Instruments Canada v. Imperial Oil, dismissing in part a defendant’s summary judgment motion related to a contaminated land claim. The court concluded that the limitation period for a negligence claim had expired by the…
View the post titled The tricky business of limitations and contaminated land claimsUP, UP, AND AWAY: What’s new with Notice periods?
Unfortunately for employers, there is a fair bit new with notice periods and not in a welcome direction. While 24 months has typically been viewed as the upper end of reasonable notice periods, there have been a number of decisions recently which have challenged that assumption. In Markoulak…
View the post titled UP, UP, AND AWAY: What’s new with Notice periods?Federal environmental law reform picks up steam
The government recently announced the members it has appointed to the Review of the Environmental Assessment Process Expert Panel (the “EA Panel”), created to examine how environmental federal environmental assessments are conducted for large-scale resource projects. The federal government h…
View the post titled Federal environmental law reform picks up steamReceive Blog Posts
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