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Published on: 27 Nov 2012 By

Town liable for negligence re developer's storm sewer

Property owners often suffered damage when storm and sanitary sewers malfunction. Canadian municipalities are generally exempt from civil suits in nuisance relating to their sewers, due to special statutes adopted across the country. However, they can be successfully sued in negligence. Such…

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Published on: 26 Nov 2012 By

When will Ontario courts refuse to impose minimum environmental fines?

Now that mandatory minimum environmental fines are so high, courts occasionally refuse to impose them.  For example, in R v. KIE Farms Ltd., a justice of the peace refused to impose a $25,000 minimum fine on a local farm, even though seepage from its corn silo made a local  watercourse toxic…

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Published on: 26 Nov 2012 By

Jurisdictional Issues in Canadian Defamation Law: Can you sue in your home province?

In this new article Siskinds Associate Mike Polvere takes an in depth look at the issue of cross border litigation and defamation. He discusses how the courts go about choosing the best jurisdiction to hear the matter. Is it prudent to start a libel action in Canada if the person who defamed…

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Published on: 22 Nov 2012 By

Congratulations to Melancthon – no MegaQuarry!

Congratulations to Melancthon Township on the official announcement that the Highland Companies‘ Mega Quarry proposal has been abandoned. Large areas of Melancthon depend on drinking water from highly vulnerable aquifers, which would have been endangered by the mega-quarry. The proposa…

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Published on: 21 Nov 2012 By

New Guidance for Excess Soil management

The Ministry of the Environment has released its draft Best Management Practices for Soil Management in Ontario for two more months of public comment. The document outlines the MOE’s “recommendations” and “expectations” for managing the reuse of excess soils, a hugely important issue for the…

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Published on: 19 Nov 2012 By

Waterpower projects can't be reviewed because they don't get review?

So, waterpower development can't be reviewed by the ERT, because it gets only minimal scrutiny under the Environmental Assessment Act. Given the substantial adverse environmental impacts that waterpower development can have, it is incongruous to exempt it so fully from public review.

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Published on: 14 Nov 2012 By

Want to hear my presentation on why water rates will keep going up?

Dianne’s presentation on the panel of the Financial Impact of Regulation session at the Drinking Water Leadership Summit was “exceptionally well received”, according to attendee feedback. The huge costs of the new duty of care under the Safe Drinking Water Act, which comes …

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Published on: 13 Nov 2012 By

Silence Is Golden: What happens when confidentiality provisions are breached?

Settlements with employees often include confidentiality provisions. What happens when those confidentiality provisions are breached? A recent decision of the Human Rights Tribunal of Ontario inTremblay v. 1168531 Ontario Inc. provides some useful guidance. The employer operated a Subway sto…

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