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Published on: 15 Nov 2018 By

Environmental Bill of Rights “Leave to Appeal” Test Remains a Significant Hurdle to ECA Appeals

The Environmental Review Tribunal (“ERT” or “Tribunal”) released a decision in Freshway Investments Inc. v. Ontario (MECP) on November 5, 2018 denying an application for leave to appeal an Environmental Compliance Approval (“ECA”) for a Waste Disposal Site in York Region, Ontario (the “Site”…

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Published on: 14 Nov 2018 By

Bill 47 – Amendments to the Labour Relations Act, 1995

The legislation governing unionized workplaces in Ontario, the Labour Relations Act, 1995 (the “LRA”) will be amended by the Ontario government if the Making Ontario Open for Business Act, 2018 (“Bill 47”) passes in its current form.  Expected changes will include the following: Repeal of Un…

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Published on: 12 Nov 2018 By

Federal Environmental Assessment and Land Use Planning: Interjurisdictional Issues

The Ontario Superior Court of Justice has released a decision which demonstrate that the relationship between environmental assessments and land use planning remains as complex as ever, especially when interjurisdictional issues are involved. The October 29, 2018 decision in Halton v. CNR, 2…

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Published on: 9 Nov 2018 By

Everything is electronic: Implementing electronic delivery of franchise disclosure documents and electronic execution of documents

Everything is electronic. It certainly feels that way. Even in areas that are slow to adopt change, digital is taking over. While many franchise systems are on the cutting edge of technology in their offerings and their methods of conducting business with clients, the processes of selling fr…

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Published on: 9 Nov 2018 By

Bill 47, Making Ontario Open for Business Act, 2018

Many businesses that are provincially-regulated employers in Ontario have spent the better part of last year changing their workplace policies to ensure compliance with the labour reforms implemented by the Wynne government in the Fair Workplaces, Better Jobs Act (“Bill 148”). However, such …

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Published on: 8 Nov 2018 By

Canada and China Sign Memorandum of Understanding Regarding Climate Change Cooperation

On November 1, 2018, at the United Nations Ministerial Dialogue on the Environment and the Ministerial Dialogue on Climate Change, Minister of Environment and Climate Change, Catherine McKenna, and the Minister of Ecology and Environment of the People’s Republic of China, Li Ganjie, signed a…

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Published on: 6 Nov 2018 By

In the Family Law Context: Custody and Guardianship of a Minor’s Property

Frequently I meet with clients who inquire about having a Will prepared, given their separation. They express concerns about their child(ren)’s future in the event something happens to them now that they are separated. The typical client may ask about what happens to “custody” of their child…

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Published on: 5 Nov 2018 By

The Rise of Citizen Lawsuits for Environmental Change

Urgenda Foundation v Kingdom of the Netherlands Recently, on October 9, 2018, The Hague Court of Appeal made an unprecedented ruling in finding that the preservation of a stable climate system is a fundamental human right and ordered the Dutch government to meet its commitment of reducing it…

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Published on: 29 Oct 2018 By

A Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35

On October 11, 2018, the Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 [Mikisew], in which the Court held that the Federal Government does not have a duty under s.35 of the Constitution Act, 1982 to consult Abo…

Continue reading the post titled A Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35