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Published on: 21 Mar 2014 By

National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc

On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the rights of Manitoba residents. In...

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Published on: 6 May 2011 By (Dianne Saxe)

Climate change a breach of public trust?

Attorneys representing groups of one or more children and  young adults are filing legal actions against the US government, all 50 states, and the District of Columbia, in which they allege that the public trust doctrine requires government entities to reduce carbon dioxide emissions and implement reforestation programs in order to fight climate change.  The...

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Published on: 23 Feb 2010 By (Dianne Saxe)

False or misleading Records of site condition

Is a site really clean? Can you trust a Record of Site Condition? We keep finding examples of why the Ministry of the Environment had to tighten the obligations of Qualified Persons in Regulation 153/04, the regulation that governs contaminated sites. The regulation requires a Qualified Person to certify the highest known concentrations of contaminants...

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Published on: 12 Jul 2011 By (Dianne Saxe)

Air regulation 419/05 amended for site-specific standards

The Ontario Ministry of the Environment (MOE) has amended Ontario Regulation 419/05: Air Pollution, Local Air Quality to make the process of seeking exceptions to generic criteria less punitive and more useful to businesses. The process has been given a new name, “Site-specific Standard”, and is now focussed on best available technology (and economic considerations only if...

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Diamonds

We apologize that the claims portal has been experiencing technical difficulties. If you experience difficulties, please contact the claims administrator at [email protected] or 1.877.563.7614 to request a claim form. Claimants who contact the claims administrator directly will have until March 8, 2024 to provide the claims administrator with a completed form. We apologize for the inconvenience....

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Published on: 24 Jul 2018 By

What is a Qualified Disability Trust?

The Qualified Disability Trust (QDT) was created in 2016 to temper changes to the tax rules for testamentary trusts (trusts set up by a Will). All testamentary trusts used to benefit from the graduated tax rates, however this was changed to tax all testamentary trusts at the top marginal rate. The QDT is an exception...

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Published on: 16 Aug 2010 By (Dianne Saxe)

Weather or climate?

It’s hard to know whether individual weather events are just random fluctuations, or whether they are growing signs of climate change. What we need to look for are patterns– is the weather changing? And how do the changes that are actually happening compare to those predicted for climate change? Three years ago, two federal government...

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Published on: 4 Aug 2015 By

Records of Site Condition – common problems

Records of Site Condition are the regulatory documents used in Ontario to confirm whether a potentially or actually contaminated site meets acceptable standards for a particular land-use, under the Environmental Protection Act and O.Reg. 153/04. The Ministry of Environment and Climate Change has issued a Records of Site Condition-Getting them right, a list of the most common...

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