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Published on: 19 Aug 2014 By

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…

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Published on: 18 Aug 2014 By

Toronto 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…

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Published on: 14 Aug 2014 By

Non-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 …

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Published on: 11 Aug 2014 By

As 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…

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Published on: 8 Aug 2014 By

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…

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Published on: 5 Aug 2014 By

Minister 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…

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Published on: 30 Jul 2014 By

Environmental 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…

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Published on: 30 Jul 2014 By

For 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”)…

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