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Published on: 11 Oct 2018 By

A Primer on Real Estate Issues in Estate Litigation

This paper provides a high-level outline — the “Coles notes”— on frequently encountered real estate issues in estate litigation, specifically, claims arising from proprietary estoppel, the doctrine of part performance, unjust enrichment and the imposition of resulting trusts. It also briefly reviews a pre-judgment remedy, i.e. the certificate of pending litigation, which regularly arises in...

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Published on: 24 Nov 2011 By (Dianne Saxe)

Will Midland really put a waste site facing Ste Marie?

Opposition is growing to a proposal, by the Town of Midland and a waste/ scrap handling company called Recycling Specialties, to put a waste transfer and processing site (with outdoor storage) on a vacant lot facing the most sensitive and sacred parts of Sainte Marie among the Hurons and the Martyrs’ Shrine.

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Published on: 13 Apr 2010 By (Dianne Saxe)

Cleaning up contamination – extra time has a price

Owners of contaminated sites face stringent new cleanup standards, effective July 1, 2011, under Reg. 153/04. Many owners want to cleanup under the existing, less stringent standards, but cannot finish the cleanup by next July. They can buy an extra 18 months to finish the cleanup, but only if they file an election to keep...

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Tahoe Resources Inc.

(TSX: THO) THE CLAIM PERIOD HAS COMMENCED. Please ensure you file your claim before February 2, 2024 at http://www.TahoeCanadianSettlement.ca On October 4, 2018, a proposed class proceeding was commenced in the Ontario Superior Court of Justice against Tahoe Resources Inc. (Tahoe) and its former CEO and director, Ronald W. Clayton (Action). Siskinds LLP is counsel...

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Published on: 8 Jan 2015 By (Dianne Saxe)

Can purchaser of contaminated site sue neighbour?

The case is important because of the widespread (but, I think, mistaken) belief among some real estate solicitors and agents that a buyer can (knowingly or negligently) buy previously contaminated land and then sue the source of the contamination for the cost of cleaning up that pre-existing contamination.

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Published on: 3 Dec 2019 By

$100,000 fine for smoke discharge

On November 28, 2019 Clean Harbors Canada Inc., (“Clean Harbors”) pled guilty to violating the Environmental Protection Act on June 12, 2017 due to the discharge of a contaminant, namely smoke into the natural environment, and was fined $100,000 plus the 25% victim fine surcharge.  The company owns and operates a waste disposal site located...

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Published on: 15 Mar 2022 By

Receiving an inheritance while on the Ontario Disability Support Program

Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support (“ODSP”) can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a financial test, with certain assets being considered exempt assets...

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