Considerations if you want a claim grounded in fraud to survive a debtor’s bankruptcy
Two recent cases, Bank of Montreal v. Mathivannan, 2021 ONSC 2538 (CanLII) and Johansen v Wallgren, 2021 ABCA 234 (CanLII), highlight some procedural pitfalls to avoid when trying to have a claim survive a debtor’s discharge. When a debtor files for bankruptcy, on their discharge they will b…
View the post titled Considerations if you want a claim grounded in fraud to survive a debtor’s bankruptcyCity 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charges laid against it under the Fisheries Act by entering into a “diversion agreement” which will see the charges withdrawn in exchange for the city taking the following actions: paying $75,000 to the Environmental…
View 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 …
View the post titled Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5Ford 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…
View the post titled Ford Loses Motion to Dismiss Ecojustice Case for Cancelling Cap and TradeWhy 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…
View the post titled Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and CostlyOntario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines.[1] A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…
View the post titled Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental ProsecutionFederal Court Scheduled to Hear Application for Judicial Review in David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al.
This week, the Federal Court of Canada is scheduled to hear oral arguments in the case of David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al, T-1071-16 (“Suzuki Foundation”). Suzuki Foundation is an application for judicial review brought by the David Suzuk…
View the post titled Federal Court Scheduled to Hear Application for Judicial Review in David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al.Directors Plead Guilty
On November 5, 2018 two directors of a dry-cleaning operation pled guilty to contravening the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations under the Canadian Environmental Protection Act, 1999 (“Regulation”). One of the directors was fined $10,500 a portio…
View the post titled Directors Plead GuiltyEnvironmental Bill of Rights “Leave to Appeal” Test Remains a Significant Hurdle to ECA Appeals
The Environmental Review Tribunal (“ERT” or “Tribunal”) released a decision in Freshway Investments Inc. v. Ontario (MECP) on November 5, 2018 denying an application for leave to appeal an Environmental Compliance Approval (“ECA”) for a Waste Disposal Site in York Region, Ontario (the “Site”…
View the post titled Environmental Bill of Rights “Leave to Appeal” Test Remains a Significant Hurdle to ECA AppealsExamining Shared Environmental Interests with the Michigan State Bar Webcast
On November 12th, members of State Bar of Michigan and the Ontario Bar Association come together to discuss environmental law topics relevant to lawyers on both sides of the border. Moderated by Siskinds LLP partner Paula Lombardi, speakers will discuss the impact of the deep geological repo…
View the post titled Examining Shared Environmental Interests with the Michigan State Bar WebcastReceive Blog Posts
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