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Published on: 16 Aug 2012 By

Social Media in Personal Injury Litigation: Will defence lawyers and insurance companies search my Facebook, Twitter and other social media pages?

Introduction Hiring private investigators to monitor plaintiffs in their daily lives is a common practice for defence lawyers and insurance companies, in order to find out if the plaintiff has lied about or exaggerated his or her injuries. In recent years, they have begun to regularly search social media pages for this information. These sites...

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Published on: 1 Feb 2015 By

Gift Card Expiry Dates – Know Your Rights and Get the Facts!

Gift cards are one of the most popular gifts during the holiday season. Whether you are buying them for friends and family, or a lucky recipient, it is helpful to know that there is legislation in place to protect consumers and prevent retail outlets from eating away at your generous gift by tacking on exorbitant...

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Published on: 22 Nov 2018 By

Government “Eco Fees” on New Tires Eliminated

If you recently purchased winter tires in Ontario you may have noticed that the government “eco-fees” charged on the purchase of new tires was eliminated as of October 1, 2018. The fee, which was approximately $3.30 per tire for passenger and light trucks was levied by the government to support the Ontario Tire Stewardship organization...

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Published on: 16 Feb 2011 By (Dianne Saxe)

Please vote for us!

Dear Dianne and Jackie: For the first time, the LexisNexis Environmental Law & Climate Change Community is honoring a select group of blogs that set the online standard for our practice area. I’m pleased to notify you that Environmental Law and Litigation blog is one of the nominated candidates for the LexisNexis Top 50 Environmental Law &...

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Published on: 26 Jan 2017 By

The Vexing Problem Of Limitations In Environmental Cases Rises Again

Last August, we reported on recent case law dealing with the difficult question of how to determine limitation periods in environmental claims. In the January 2017 Court of Appeal decision of Crombie Property Holdings Limited v. McColl-Frontenac Inc., the court overturned the trial court’s decision that the case was started too late on the basis...

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Published on: 9 Feb 2017 By

What is Environmental Due Diligence?

Due diligence is an extremely important concept in environmental regulation and compliance. When properly done, it provides a defence to regulatory charges or, at least, can mitigate the amount of fines imposed. Environmental due diligence is primarily a proactive activity. It involves taking steps to ensure that regulatory standards are met and that environmental mishaps...

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Published on: 25 Feb 2020 By

Plan early for the sale of a dental practice

The sale of a dental practice can be quite complex and involves many factors that the dentist must consider. In this article, retired Siskinds’ partner and business lawyer, Henry Berg, discusses the benefits of planning early for the sale of a dental practice to ensure that the value of the practice is maximized, the dentist’s...

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Published on: 20 Nov 2014 By

Buyer 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....

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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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