Ontario Extends Moratorium on Issuing Water Taking Permits to Bottled Water Companies
On December 21, 2018, the Ministry of the Environment, Conservation and Parks posted its decision to extend the moratorium on issuing water taking permits to bottled water companies until January 1, 2020. Pursuant to section 34 of the Ontario Water Resource Act, water bottling facilities mus…Continue reading the post titled Ontario Extends Moratorium on Issuing Water Taking Permits to Bottled Water Companies
New York State Sues Companies for $38M in Remediation Costs
In June 2018 the State of New York sued 3M Co. and five other companies for the costs associated with the remediation of hazardous materials caused by the firefighting foam manufactured by these six companies. This is the first lawsuit of its type filed by a U.S. state against private compan…Continue reading the post titled New York State Sues Companies for $38M in Remediation Costs
Uber Decision Calls into Question Arbitration Clauses in Commercial Agreements
The news media has widely reported the Ontario Court of Appeal’s January 3, 2019 decision allowing a class-action by Uber drivers to proceed. The decision does not answer the question of whether Uber (and UberEATS) drivers should be considered employees or independent contractors (a conclusi…Continue reading the post titled Uber Decision Calls into Question Arbitration Clauses in Commercial Agreements
Blue Heron Deaths Results in $2.75M Fine
On January 2, 2019 Syncrude Canada Ltd. pled guilty in the Alberta Court to one count of violating the Migratory Birds Convention Act, 1994 along with several provincial charges. An abandoned sump pond by Syncrude at one of its oilsands mines north of Fort McMurray resulted in the death of 3…Continue reading the post titled Blue Heron Deaths Results in $2.75M Fine
Employers: Consider these Sample New Year’s Resolutions
With the start of a new year comes the opportunity to reflect on your business’s labour relations and start tackling those items on your “to-do” list. Here are three sample New Year’s resolutions that may benefit your business: 1. Revise your template employment contract, if necessary One of…Continue reading the post titled Employers: Consider these Sample New Year’s Resolutions
Ontario’s Environment Plan and Reduction of Sulphur Dioxide Emissions Regulation
On November 28th, 2018 the Ministry of Environment, Conservation and Parks (MECP) posted its climate change plan as part of its environmental plan. Preserving and Protecting our Environment for Future Generations: A Made in Ontario Environment Plan (“Environment Plan”) appears to commit Onta…Continue reading the post titled Ontario’s Environment Plan and Reduction of Sulphur Dioxide Emissions Regulation
“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…Continue reading the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
ONCA holds that umbrella purchasers have a cause of action in a price-fixing class action
Shah v LG Chem Ltd., 2018 ONCA 819 Background: In this class action, the plaintiffs allege that the defendants conspired to fix the prices of lithium-ion batteries (“LIBs”) in North America and elsewhere between January 2000 and December 2011. As a result, the plaintiffs paid higher prices f…Continue reading the post titled ONCA holds that umbrella purchasers have a cause of action in a price-fixing class action
Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
It is a basic principle of employment law in Ontario that employees terminated without cause are presumed to be entitled to common law reasonable notice of termination unless the parties clearly agreed to a different notice period, typically through a termination clause in an employment agre…Continue reading the post titled Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
What is “shared custody” and how is it calculated?
In family law, the term “custody” usually means decision-making. Having “custody” means having the ultimate decision-making power over important decisions regarding the child, such as what child the school will attend, what religion the child will be raised in, what major recreational activ…Continue reading the post titled What is “shared custody” and how is it calculated?