A Case Study in the Protection of Class Members’ Rights: Forthcoming Compensation for Residential Schools Survivors
In Canada, class actions are supervised closely by the courts, which are obligated to protect the rights of absent class members. Accordingly, all of the major steps in class actions litigation require court approval. If there are questions about the conduct of a class action, affected parti…
View the post titled A Case Study in the Protection of Class Members’ Rights: Forthcoming Compensation for Residential Schools Survivors$2.5 Million Canadian Payroll Triggers ESA Severance Obligation
Until recently, I was confident that an Ontario employer would not owe severance pay under the Employment Standards Act, 2000 (the “ESA”), unless it met the $2.5 million Ontario payroll test. I am no longer so sure, following a surprising decision of Justice Kane of the Ontario Superior Cour…
View the post titled $2.5 Million Canadian Payroll Triggers ESA Severance ObligationToronto Public Health Reveals Local Air Pollution Sources
Local air pollution from small sources like autobody shops and corner laundries cause the deaths of at least 120 city residents each year, according to the Toronto Star citing a Toronto Public Health study called ChemTRAC. ChemTRAC is a program implemented by the City of Toronto under its E…
View the post titled Toronto Public Health Reveals Local Air Pollution SourcesWhen it comes to anti-wind power appeals, all turtles are not created equal
The Environmental Review Tribunal has dismissed another anti-wind power appeal, holding that evidence to substantiate claims of “serious and irreversible harm to animal life” must be site-specific, species-specific, and quantifiable. The Tribunal released its decision in Bain v. Director, Mi…
View the post titled When it comes to anti-wind power appeals, all turtles are not created equalExperts permitted to testify via telephone… sometimes
The Environmental Review Tribunal has granted a request to have expert witnesses testify via telephone conference call when the appellants argued that it would be too costly to have them attend in person, and that videoconferencing was also costly, as well as prone to technological failure. …
View the post titled Experts permitted to testify via telephone… sometimesBe careful how you treat employees after advising that a fixed term contract will not be renewed
A recent Alberta decision may make employers reconsider how they give notice that a fixed term employment contract will not be renewed. Geoffrey Thompson was hired as the Regional President, Calgary of Cardel Homes Limited Partnership pursuant to a fixed term contract of 2 years from Septemb…
View the post titled Be careful how you treat employees after advising that a fixed term contract will not be renewedNeighbours must pay their fair share to prune boundary trees
A new case from the Ontario Superior Court has ruled that the costs associated with pruning and maintaining trees growing on property lines should be shared between owners of neighbouring properties, and municipalities must take this principle into account in issuing maintenance orders again…
View the post titled Neighbours must pay their fair share to prune boundary treesNew Minister of Environment and Climate Change
We’re rooting for Glen Murray, the new Ontario Minister of Environment and Climate Change.
View the post titled New Minister of Environment and Climate ChangeBasic’s Alive – The Judicial Oak Weathers the Storm
For over 20 years, securities class actions in the U.S. have relied on the ‘fraud-on-the-market’ theory of reliance for investors. This was established by the 1988 case Basic Inc v Levinson. Recently some have question this theory. Earlier this week the Supreme Court released its decision in…
View the post titled Basic’s Alive – The Judicial Oak Weathers the StormCurrent environmental liability issues for municipalities
On June 17, Dianne Saxe and Graham Rempe of the City Toronto’s Legal Services spoke on the issue of current environmental liabilities for municipalities. Graham gracious agreed to allow us to post the paper we prepared here. As the introduction explains: Few topics evoke more concern a…
View the post titled Current environmental liability issues for municipalitiesReceive Blog Posts
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