Removing Locked Bikes From Public Property: Bad Idea, But Not Theft.
Earlier this month, Torontonians learned that Brookfield Property Group was cutting the locks off of bikes parked outside their Hudson’s Bay Centre Building. Knowing that we are devoted cyclists, a number of readers have asked us whether their actions constitute theft. Under the Crimin…View the post titled Removing Locked Bikes From Public Property: Bad Idea, But Not Theft.
2014 Pesticide Prosecution “Roundup”
Earlier this summer we reported that Ontario Pesticide Act prosecutions have become infrequent since the Ministry of the Environment and Climate Change (MOE) stopped having specialized pesticide enforcement staff. Now that the season is soon to change over, we decided to take a look at the y…View the post titled 2014 Pesticide Prosecution “Roundup”
Should Children Have a Right to a Healthy Environment?
On June 17, 2014, several environmental groups in New Brunswick circulated for comment a draft environmental bill of rights for children. Called “A Bill of Rights to Protect Children’s Health from Environmental Hazards,” it is the first of its kind in Canada. If passed, the law would confer …View the post titled Should Children Have a Right to a Healthy Environment?
Millions 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 contamination
Wind opponents lose health challenges around the world
A recent report by the Energy and Policy Institute documents the rejection of anti-wind health claims by 48 courts and tribunals in Canada, Australia, New Zealand, the United Kingdom, and the US. In one anomalous US case, two turbines which had had a known problem were ordered to be shut d…View the post titled Wind opponents lose health challenges around the world
Toronto zoning change to promote Tower Renewal
Toronto contains the second largest concentration of high-rise apartments in North America. Most were built half a century ago, during the City’s post-war expansion. The Tower Renewal Project is a major initiative to update these buildings, and make them part of green and equitable future To…View the post titled Toronto zoning change to promote Tower Renewal
Non-competition clauses can be more damaging than just being unreliable
Over the last decade or so, Canadian courts have become increasingly unwilling to enforce non-competition clauses in employment contracts, except in limited exceptional circumstances. Despite this, some employers continue to keep them included in their contracts of employment either because …View the post titled Non-competition clauses can be more damaging than just being unreliable
Regulatory tweak on export controls
The federal government has tweaked the regulations it uses, under the Canadian Environmental Protection Act (CEPA 1999), to control which polluting substances can be exported from Canada. The new rules reduce redundancy, and add in Canada’s obligations under the Stockholm Convention. The o…View the post titled Regulatory tweak on export controls
As minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…View the post titled As minimum fines get higher, is there a work-around?
Failing to Address Workplace Health and Safety Concerns Can be Costly for Employers
Ensuring workplace health and safety is always an important priority for employers, and is even more so now that Ontario’s Occupational Health and Safety Act (the “OHSA”) places obligations on employers with respect to workplace violence and harassment. As a recent case demonstrates, employe…View the post titled Failing to Address Workplace Health and Safety Concerns Can be Costly for Employers
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