Raibex Canada Ltd. v ASWR Franchising Corp., Implications for Franchisors
Executive Summary and Client Advisory This case, decided late in the late Fall of 2016 and currently under appeal, is potentially highly problematic to franchisors who sign franchise agreements with prospects before a site has been selected. In essence, the trial judge found that doing so is not in compliance with the Ontario’s franchise disclosure...
Continue reading the post titled Raibex Canada Ltd. v ASWR Franchising Corp., Implications for FranchisorsWaste tire operator goes to jail
William Lane was sentenced to 18 months in jail after accumulating 300,000 tires on property in Melbourne, Ontario.
Continue reading the post titled Waste tire operator goes to jailImportant changes re brownfields
Many sites that now count as "clean" will no longer be "clean"; a few that now count as contaminated will now be considered clean.
Continue reading the post titled Important changes re brownfieldsDianne’s Halifax presentation on contaminated site litigation
Here is Dianne’s presentation to the Canadian Bar Association Mid-winter meeting in Halifax, on Contaminated Site Litigation after Inco. We include a really useful list of Caveat emptor case summaries, with thanks to researcher Kristen Courtney.
Continue reading the post titled Dianne’s Halifax presentation on contaminated site litigationRegional official plans and the ANS
These kinds of errors can make a Record of Site Condition contain "false or misleading" information or certification.
Continue reading the post titled Regional official plans and the ANSBuyer can't rely on Seller's Environmental Reports
A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a reliance letter. Real estate lawyers, take note, please. In Community Mental Health Initiative Inc. v....
Continue reading the post titled Buyer can't rely on Seller's Environmental ReportsHazardous waste carrier fined $120,000 + $30,000 VFS
Buckham Transport Limited, a registered carrier of hazardous waste, was recently fined $120,000 following a guilty plea to three offences under the Environmental Protection Act (EPA): Providing false or misleading information to a Provincial Officer; Failing to transport waste to the receiving facility named on manifest; and Failing to comply with a Ministry order. In July...
Continue reading the post titled Hazardous waste carrier fined $120,000 + $30,000 VFSRetrial: lower fines for environmental consultant
In 2011, we wrote about the record $161,000 in fines imposed upon an environmental consultant and his company. In addition, $40,500 in fines were imposed on their clients, Mr. James Sinclair and his company Sinclair Landing, owner of a contaminated site. Following an appeal and retrial, the fines imposed on geo-environmental firm Bruce A. Brown Associates...
Continue reading the post titled Retrial: lower fines for environmental consultantDraft mining regulations posted for comment
Ontario is proposing an second set of amendments to Mining Act, 2009 regulations. One key feature of the amendments is better Aboriginal consultation, better protection of Sites of Aboriginal Cultural Significance, and more control of “early exploration”, which has led to much recent conflict in Northern Ontario.
Continue reading the post titled Draft mining regulations posted for commentNew Rules on QPs
The MOE has pushed ahead with its regulation to restrict Environmental Site Assessments to professional engineers and geoscientists, as of October, 2009. O. Reg. 66/08 amends the definition of Qualified Person in O. Reg. 153/04. This will exclude agrologists and technologists, who now perform some ESAs. Some minor changes come into force immediately, allowing engineers...
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