Capacity and Powers of Attorney
When we speak about “capacity” in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the “best” or the “right” …
View the post titled Capacity and Powers of AttorneyProposed legislation will end preferential tax treatment for Testamentary trusts by 1 January 2016
In October 2014, the Federal Government tabled a Notice of Ways and Means Motion to implement changes to the Income Tax Act (‘ITA’) proposed in the 2014 Federal Budget. The government first disclosed its concern about perceived abuses of the tax treatment of testamentary trusts in the 2013 F…
View the post titled Proposed legislation will end preferential tax treatment for Testamentary trusts by 1 January 2016Blue Box funding- change coming
The Minister of the Environment and Climate Change, Glen Murray, told the Canadian Waste to Resources conference this week that he would have a new Waste Diversion law introduced into the Legislature, and passed, in 2015. Hopefully, it will clean up many of the drafting and design problems t…
View the post titled Blue Box funding- change comingBuyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a r…
View the post titled Buyer can't rely on Seller's Environmental ReportsThe Disability Tax Credit – Do You Qualify
In light of recent changes to the tax treatment of testamentary trusts, it is important for those planning for the future care of individuals with disabilities to understand the rules for Disability Tax Credit eligibility. Due to these taxation changes, only Qualifying Disability Trusts will…
View the post titled The Disability Tax Credit – Do You QualifyINTERPOL environmental crimes unit
International environmental wildlife and pollution crimes are attracting growing attention from INTERPOL, partly because many of them are committed by organized crime. For example, in response to the recent surge of ivory tracking, INTERPOL formed a dedicated environmental crime team in Afr…
View the post titled INTERPOL environmental crimes unitMore on Giant Mine remediation environmental assessment
Giant Mine remediation illustrates one of many ways that current environmental assessment processes for major projects raise public expectations that they cannot meet.
View the post titled More on Giant Mine remediation environmental assessmentAnti-Fluoride in Drinking Water: Litigation Update
Will citizen group litigation and the threat of personal liability stop fluoridation of drinking water in Ontario? In our earlier blog post, we described a threat by an advocacy group called Concerned Residents of Peel to End Water Fluoridation (Concerned Residents) against Peel municipal co…
View the post titled Anti-Fluoride in Drinking Water: Litigation UpdateGiant Mine $1B contaminated site remediation milestone
Canada’s most contaminated site, the Yellowknife Giant Mine, has reached a milestone in its $1 billion taxpayer-funded remedial plan. The dangerous and badly contaminated roaster building, which created hundreds of thousands of tonnes of highly poisonous arsenic trioxide, (enough to ki…
View the post titled Giant Mine $1B contaminated site remediation milestoneNo fault contaminated site liability in Nova Scotia
IMP Group International Inc. appealed unsuccessfully from a Nova Scotia Minister of the Environment Order to study and remediate offsite groundwater contamination that it did not cause.
View the post titled No fault contaminated site liability in Nova ScotiaReceive Blog Posts
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