The New Reality – Summary Judgment Motions
Following a recent decision, Michael Polvere describes why the old adage “I’ll get my day in court”, in the traditional sense, has changed. While much has been written by lawyers, and between lawyers, about the ground breaking case, Hryniak v Mauldin, which was decided b…Continue reading the post titled The New Reality – Summary Judgment Motions
Can purchaser of contaminated site sue neighbour?
The case is important because of the widespread (but, I think, mistaken) belief among some real estate solicitors and agents that a buyer can (knowingly or negligently) buy previously contaminated land and then sue the source of the contamination for the cost of cleaning up that pre-exist…Continue reading the post titled Can purchaser of contaminated site sue neighbour?
New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act
The majority of employers in Ontario are required to abide by the Employment Standards Act, 2000 (the “ESA”), legislation that includes standards for, among other things, the provision of a minimum wage, statutory holiday pay, overtime and limitations on hours of work. Where employees believ…Continue reading the post titled New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act
Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases
Since amendments to the Occupational Health and Safety Act introduced by Bill 168 imposed new obligations to proactively address workplace harassment and violence issues, employers have sometimes been tempted to approach all instances of workplace harassing or violent conduct by an employee …Continue reading the post titled Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases
Largest Canadian environmental penalty: $7.5 MM
Environment Canada obtained the largest environmental penalty ever imposed in Canada for breaches of the Fisheries Act and Metal Mining Effluent Regulations by a mining company: $7,500,000. The breaches occurred in 2011 and earlier under the old Fisheries Act, before massive changes to the l…Continue reading the post titled Largest Canadian environmental penalty: $7.5 MM
Proposed changes to GHG emission reporting regulations
The Ministry of the Environment and Climate Change is seeking comments on proposed amendments to the Greenhouse Gas Emissions Reporting Regulation (O.Reg. 452/09) and Guideline, including:Continue reading the post titled Proposed changes to GHG emission reporting regulations
$320,000 fine for former waste processors
A big fine has been imposed on a former waste processor and the two individuals who ran the company for environmental offences, according to the Ontario Ministry of the Environment and Climate Change. According to the MOECC, 2R Services Inc. and its Directors were fined for failing to comply…Continue reading the post titled $320,000 fine for former waste processors
New regulations to reduce coal?
Getting rid of coal in electricity generation made Ontario Canada’s leader in reducing GHG emissions. Now that we have a remarkably climate-friendly electrical system, what about other uses of coal in Ontario? The Ontario Ministry of the Environment and Climate Change (MOECC) says it will ge…Continue reading the post titled New regulations to reduce coal?
Follow Up on Seller's Environmental Assessment Reports
Last month we blogged about a case out of Newfoundland in which a buyer’s negligence lawsuit against a seller’s environmental consultant was tossed out because the buyer had no right to rely on the environmental assessment report issued by the consultant for the seller. That arti…Continue reading the post titled Follow Up on Seller's Environmental Assessment Reports
Contracts and the doctrine of good faith – A New Era
In Bhasin v Hrynew, the Supreme Court of Canada made a significant ruling regarding the duty of good faith in contract relationships. This will provide guidance to an area of Canadian law described as “piecemeal, unsettled and unclear.”. In this article, Cole Vegso provides a brief explanati…Continue reading the post titled Contracts and the doctrine of good faith – A New Era