$900,000,000 Class Action launched against Ontario for flooding in Muskoka Lakes
Residents of Muskoka launched a $900,000,000 class action against the Ontario Ministry of Natural Resources and Forestry (“MNRF”) on September 14, 2016. They allege damages related to “[MNRF’s] failure to adequately manage and lower the water levels of Lake Joseph, Lake Muskoka and Lake Rous…Continue reading the post titled $900,000,000 Class Action launched against Ontario for flooding in Muskoka Lakes
Discoverability in Long-Term Disability Lawsuits: A Case Comment on Usanovic v. La Capitale Life Insurance Company
The recent Ontario Superior Court of Justice decision in Usanovic v. La Capitale Life Insurance Company clarifies the issue of discoverability in long-term disability claims. In this case, the plaintiff was injured in September 2007. The disability insurer paid benefits for a number of years…Continue reading the post titled Discoverability in Long-Term Disability Lawsuits: A Case Comment on Usanovic v. La Capitale Life Insurance Company
Imperial Oil fined $650,000
On September 19th the Imperial Oil refinery and chemical plant located in the City of Sarnia pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000 in addition to the 25% vic…Continue reading the post titled Imperial Oil fined $650,000
A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations
The development of the common law depends on the Bar proposing something new when circumstances require. I recognize that’s not new thinking. Denning said it in 1954 and certainly better than me, in Parker: If we never do anything which has not been done before, we shall never get anywhere. …Continue reading the post titled A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations
Limits to the intervention capability of the Quebec Class Action Fund
On September 7, 2016, the Superior Court of Quebec rendered an interesting judgment that clarified the limits of the power of intervention of the Fonds d’aide aux actions collectives (hereinafter referred to as the “Fonds”). The Fonds’s mission is to provide financial support to …Continue reading the post titled Limits to the intervention capability of the Quebec Class Action Fund
Failure to Notify brings $150,000 Fine Despite no Damage to Property
Two companies, Consbec Inc. and Bruman Construction Inc., were fined a collective total of $150,000 for failing to notify the Ministry of the Environment and Climate Change (“MOECC”) of a fly-rock discharge. Bruman owns and operates an aggregate quarry located in North Bay. Consbec was hire…Continue reading the post titled Failure to Notify brings $150,000 Fine Despite no Damage to Property
Video Game Data Could Provide Useful Health Information In A Lawsuit
In personal injury lawsuits, the injured party is usually required to produce documents relating to their health. Medical records from a doctor or medical practitioner are the most obvious of these, but it is becoming more common to include electronic data. Electronic data about your health …Continue reading the post titled Video Game Data Could Provide Useful Health Information In A Lawsuit
Former counsel escapes damages award when new counsel fails to sue on time
In June, 2016, Justice Faieta of the Ontario Superior Court of Justice awarded damages of $57,712.31 plus interest against legal counsel who failed to file a claim within the required limitation period. Missed deadline and time-management errors are the biggest cause of claims against lawyer…Continue reading the post titled Former counsel escapes damages award when new counsel fails to sue on time
Will 3D printers save rhinos from extinction?
The international trade in endangered species is a lucrative business, with some recent estimates putting its worth at up to $20 billion annually, making it one of the most profitable international crimes, behind the illegal drug trade, the illicit arms trade, and human trafficking. The impa…Continue reading the post titled Will 3D printers save rhinos from extinction?
Appeal Court overturns OMB Overreach
At the end of August, the Divisional Court granted the Town of Richmond Hill’s appeal of a decision of the Ontario Municipal Board (OMB). The OMB approved Richmond Hill’s Official Plan policies that required the conveyance of parkland as a condition of development, but then directed that the…Continue reading the post titled Appeal Court overturns OMB Overreach
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