Wind opponents lose health challenges around the world
A recent report by the Energy and Policy Institute documents the rejection of anti-wind health claims by 48 courts and tribunals in Canada, Australia, New Zealand, the United Kingdom, and the US. In one anomalous US case, two turbines which had had a known problem were ordered to be shut d…
Continue reading the post titled Wind opponents lose health challenges around the worldToronto zoning change to promote Tower Renewal
Toronto contains the second largest concentration of high-rise apartments in North America. Most were built half a century ago, during the City’s post-war expansion. The Tower Renewal Project is a major initiative to update these buildings, and make them part of green and equitable future To…
Continue reading the post titled Toronto zoning change to promote Tower RenewalNon-competition clauses can be more damaging than just being unreliable
Over the last decade or so, Canadian courts have become increasingly unwilling to enforce non-competition clauses in employment contracts, except in limited exceptional circumstances. Despite this, some employers continue to keep them included in their contracts of employment either because …
Continue reading the post titled Non-competition clauses can be more damaging than just being unreliableAs minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…
Continue reading the post titled As minimum fines get higher, is there a work-around?Failing to Address Workplace Health and Safety Concerns Can be Costly for Employers
Ensuring workplace health and safety is always an important priority for employers, and is even more so now that Ontario’s Occupational Health and Safety Act (the “OHSA”) places obligations on employers with respect to workplace violence and harassment. As a recent case demonstrates, employe…
Continue reading the post titled Failing to Address Workplace Health and Safety Concerns Can be Costly for EmployersOttawa wins Green Bin arbitration – appeal pending
Following years of conflict, and a long arbitration process, a commercial arbitrator has ruled that Orgaworld Canada must accept leaf and yard waste in the City of Ottawa’s green bin program and dismissed Orgaworld’s claim against the City. The decision is a win for Ottawa taxpay…
Continue reading the post titled Ottawa wins Green Bin arbitration – appeal pendingMinister receptive to Commissioner's climate report
Ontario’s Environmental Commissioner issued his annual Climate Change report last month, as usual scolding the provincial government for its inaction on both mitigation and adaptation. But this year, the report got an unusual reception: the new Minister of the Environment and Climate C…
Continue reading the post titled Minister receptive to Commissioner's climate reportMore anti-wind power appeals dismissed
Ontario’s Environmental Review Tribunal (ERT) recently dismissed two more anti-wind power appeals, this time relating to the same project. One of the appeals had a new feature: whether wind turbines interfere with weather forecasting radar. July 9, 2014, Fata v. MOE, ERT Registry Nos.: 13-14…
Continue reading the post titled More anti-wind power appeals dismissedEnvironmental consultant’s negligence claim to proceed
Environmental consultant’s negligence claims for failing to clean up contaminated sites continue to multiply. The Ontario Superior Court recently allowed a professional negligence lawsuit to go ahead against an Ontario environmental consultant, XCG, despite a long delay, which, accord…
Continue reading the post titled Environmental consultant’s negligence claim to proceedFor Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for “Unjust Dismissal” Under the Canada Labour Code
Ending an employment relationship can be fraught with legal risk for employers. Ending an employment relationship can be fraught with legal risk for employers; this has been especially true for federally-regulated employers subject to the Canada Labour Code, R.S.C., 1985, c. L-2 (the “Code”)…
Continue reading the post titled For Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for “Unjust Dismissal” Under the Canada Labour Code