City of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries Act
On January 31, 2019, the Corporation of the City of Kawartha Lakes resolved charges laid against it under the Fisheries Act by entering into a “diversion agreement” which will see the charges withdrawn in exchange for the city taking the following actions: paying $75,000 to the Environmental…
Continue reading the post titled City of the Kawartha Lakes enters into “Diversion Agreement” to resolve Federal Charges under the Fisheries ActSupreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5
Supreme Court of Canada Orders Trustee in Bankruptcy to Comply with Environmental Remediation Orders Prior to Distributing Funds to Secured Creditors in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 On January 31, 2019, the Supreme Court of Canada released its highly anticipated …
Continue reading the post titled Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5Conservation Ontario’s 2019 Budget Consultation Submission
Conservation Ontario, the non-profit association that represents Ontario’s 36 Conservation Authorities, has made their submission for the 2019 Ontario Budget Consultation publicly available on their website, and here’s what we’ve learned: The Province of Ontario currently provides Ontario’s …
Continue reading the post titled Conservation Ontario’s 2019 Budget Consultation SubmissionVerbal References: The Truth Shall Set You Free
Some employers are wary about providing references for former employees, fearing a defamation lawsuit. However, a recent decision of the Divisional Court suggests that negative references that are substantially true and provided without malice may not be defamatory. In the trial decision of …
Continue reading the post titled Verbal References: The Truth Shall Set You FreeFord Loses Motion to Dismiss Ecojustice Case for Cancelling Cap and Trade
The recent attempt of the Ford government to dismiss a court case against them brought by Greenpeace Canada, represented by Ecojustice[1], failed on January 26, 2019. Ecojustice filed a lawsuit against the Government of Ontario for failing to consult the public when it ended Ontario’s cap an…
Continue reading the post titled Ford Loses Motion to Dismiss Ecojustice Case for Cancelling Cap and TradeProposed new “Open-for-business” by-law authority scrapped
On Wednesday January 23, 2018, the Ontario Minister of Municipal Affairs and Housing announced that the government would not be proceeding with Schedule 10 of Bill 66. As I wrote here, Schedule 10 proposed to give municipal governments expanded authority under their Planning Act, section 34,…
Continue reading the post titled Proposed new “Open-for-business” by-law authority scrappedOntario Environmental Review Tribunal Upholds Another Wind Turbine Approval
On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v.…
Continue reading the post titled Ontario Environmental Review Tribunal Upholds Another Wind Turbine ApprovalWhy Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly
Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out…
Continue reading the post titled Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and CostlyEmployers: Post and Distribute the Updated ESA Poster
Under the Employment Standards Act, 2000 (“ESA”), employers must post a copy of the most recent employment standards poster (“ESA Poster”) prepared by the Ministry of Labour in a “conspicuous place” in the workplace. The Ministry of Labour has just released a new version of the ESA Poster, w…
Continue reading the post titled Employers: Post and Distribute the Updated ESA PosterNew 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