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Published on: 18 Dec 2013 By ,

Court of Appeal confirms that civil damages for bodily harm intentionally inflicted cannot be discharged by bankruptcy.

Rasha El-Tawil and Michael Polvere argued a successful appeal before the Court of Appeal for Ontario in Dickerson v. 1610396 Ontario Inc. and Radcliffe, 2013 ONCA 653 (MacFarland, Watt and Epstein, JJ.A.), regarding the application of the Bankruptcy and Insolvency Act on damages suffered for…

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Published on: 12 Dec 2013 By (Dianne Saxe)

Bill 138: Ending Coal for Cleaner Air Act, 2013

The Ontario government has introduced Bill 138, Ending Coal for Cleaner Air Act, 2013,  to confirm their longstanding decision to end the use of coal at Ontario’s electricity generating facilities and to prohibit new stand-alone coal-fired generating facilities. Coal-fired electricity genera…

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Published on: 11 Dec 2013 By

Public access to approvals documents at Environmental Review Tribunal

Per two of our recent victories at the Environmental Review Tribunal, the public has a limited right of access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, when seeking leave to appeal that ECA. In Briml…

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Published on: 10 Dec 2013 By (Dianne Saxe)

More on killing birds with buildings as an environmental offence

Ecojustice has settled its bird-killing prosecution against the Menkes Developments (Consilium Place) office complex. As described in a previous post, Ecojustice (as counsel for Ontario Nature) charged Menkes with environmental offences. They proved that these buildings were unusually danger…

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Published on: 10 Dec 2013 By

Terminating Employees on Job-Protected Leaves: Can I do it?

I recently blogged about the Expanding World of Job-Protected Leaves. In short, over the course of the last 12 years, new job-protected leaves have been added to the Employment Standards Act, 2000 (the “ESA”) at an ever-increasing pace. Employers sometimes call me expressing concern about su…

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Published on: 6 Dec 2013 By

Freedom of expression before environmental regulators and tribunals?

Environmental regulators and tribunals bear substantial responsibilities and make important decisions regarding development in Canada. If they won’t listen to opponents of a project, will they breach the Canadian Charter of Rights and Freedoms? The issue has been raised before the cour…

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Published on: 3 Dec 2013 By (Dianne Saxe)

Institute of Corporate Directors Webinar on No-fault Director's Liability

Many of you will be attending the Institute of Corporate Directors’ very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Nei…

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