Water meters inexorable
Pay for use or flat rates? Flat rates are often popular, but they are poor public policy. Flat rates encourage waste. Flat rates discourage conservation of water and energy, and devalue their importance. Flat rates make conscientious citizens pay for the bad habits of wasteful neighbours. And flat rates are generally too low to pay...
Continue reading the post titled Water meters inexorableHow will Canadian Environmental Assessment Act 2012 work for designated projects?
According to the Conservatives, theΒ Canadian Environmental Assessment Act, 2012Β (CEAA 2012) will streamline the EA process, avoid duplication and consolidate responsibility for [EA] to three agencies instead of 40.[1]Β These three agencies are the Canadian Environmental Assessment Agency (the Agency), the Canadian Nuclear Safety Commission (CNSC), or the National Energy Board (NEB).[2]Β The government hopes that CEAA 2012...
Continue reading the post titled How will Canadian Environmental Assessment Act 2012 work for designated projects?Polybutylene Pipe
Polybutylene Pipe Defective plastic pipes (polybutylene pipe) used in plumbing and radiant heating Siskinds is involved in an effort to seek compensation for individuals throughout Canada who have Polybutylene plumbing and/or heating systems. The problems pertain to a type of piping material which could leak and cause major problems in a home’s plumbing and radiant...
Continue reading the post titled Polybutylene PipeDesigning a holdback clause
Real estate transactions often include holdbacks to deal with environmental issues. Unfortunately, the holdback clauses are often poorly worded, which can lead to unnecessary disputes. A recent case in the Ontario Superior Court illustrates the problem:
Continue reading the post titled Designing a holdback clauseFine for breach of court order to cleanup waste
A Toronto company was fined $45,000 plus victim fine surcharges of $11,250Β for failing to comply with a Court Order to remove waste materials from a mill site. 2023682 Ontario Inc. operate a mill site in Coleman Township. The company was originally convicted of failing to comply with a Ministry of the Environment order. As part...
Continue reading the post titled Fine for breach of court order to cleanup wasteKawartha oil spill cost recovery litigation drags on
City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environmentβs 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreedΒ that the City was an innocent victim of the spill, the Ministry saddled the City with $471,691 in cleanup costs, arguing that...
Continue reading the post titled Kawartha oil spill cost recovery litigation drags onSupreme 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 decision in Orphan Well Association v. Grant Thornton Ltd, 2019...
Continue reading the post titled Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5Sage Grouse to be protected by Emergency Protection Order, later
Following a recent loss in theΒ Federal Court of Appeal, Minister of the Environment Leona AglukkaqΒ announced earlier this weekΒ that the federal government will (later) introduce an Emergency Protection Order for the Greater Sage-Grouse, or at least for those of this rapidly declining species that happen to spend all of their time on Crown land. As to...
Continue reading the post titled Sage Grouse to be protected by Emergency Protection Order, laterFranchising in Canada: have the wheels fallen off?
(Note: This article was also published on AdvocateDaily) Last year was relatively quiet in terms of major (i.e. Court of Appeal) decisions or legislative changes. One interesting, and important, development is the increasing willingness of the courts to decide matters based on summary judgment motions, following the directive of the Supreme Court in Hryniak v....
Continue reading the post titled Franchising in Canada: have the wheels fallen off?What the Cost of Your Training Kit Says About Your Multi-Level Marketing Company
For aspiring multi-level marketing (“MLM”) or direct selling (“DS”) companies, a positive written opinion by Canada’s Competition Bureau is an important first step in the operational success of their business. However, early decisions in the pricing of “starter kits” or “training kits” can jeopardize that opinion and derail their business before it ever gets to...
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