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Published on: 5 Feb 2014 By

A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco Problem

On February 3, 2014, the Ontario Court of Appeal released its decision Green v Canadian Imperial Bank of Commerce. This decision set aside the Court’s previous interpretation of the leave process under Part XXIII.1 of the Ontario Securities Act with respect to the limitation period. In doing…

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Published on: 4 Feb 2014 By (Dianne Saxe)

Waste Diversion groups can sit uncomfortably with the Competition Act

The industry funding organizations used to provide, or to fund, waste diversion can have anti-competitive effects. There is a natural tendency for large companies with market power to use that power to design waste diversion programs and organizations in their own interest and to create obst…

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Published on: 30 Jan 2014 By (Dianne Saxe)

Should roadbed slag count as battery recycling?

Waste Diversion Ontario is considering a proposal by Call2Recycle Canada to take over battery recycling from Ontario’s existing Consolidated Municipal Hazardous Solid Waste (CMHSW) diversion program under the Waste Diversion Act, 2002. Ontario’s battery recyclers (including our client)…

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Published on: 29 Jan 2014 By (Dianne Saxe)

Supreme Court: Honest efforts to understand the law are not enough

The Supreme Court of Canada has made compliance with ambiguous regulations tougher than ever, by ruling that honest efforts to understand the law (however confusing) are not enough. In La Souveraine, Compagnie d’assurance générale v. Autorité des marchés financiers, Sovereign General (SG) wa…

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Published on: 29 Jan 2014 By

The Supreme Court of Canada Provides Guidance on Preferable Procedure and Access to Justice

On December 12, 2013, the Supreme Court of Canada released its decision in AIC Limited v Fischer, 2013 SCC 69, which provides very useful guidance on the preferable procedure requirement for certification, particularly on the meaning of access to justice in the preferability analysis. On Dec…

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Published on: 27 Jan 2014 By (Dianne Saxe)

Ecojustice asks Commissioner to improve contaminated sites law

The farther we move away from the “polluter pay” principle, the greater the disarray in Ontario’s contaminated sites law and policy, and the greater its economic and environmental harm. The Ontario Bar Association is working on a submission to the Law Commission of Ontario,…

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Published on: 27 Jan 2014 By

Common Law Rights Are Not The Same As Rights Of Married Spouses

There are many misunderstandings about who is a “common law spouse” in Ontario, and what exactly this means. Many people believe that if they are in a common law relationship they have all the same rights that a married spouse has, when in reality they do not. The purpose of this article is …

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