Beyond Branco: A Comparison Of Recent Decisions On Insurersβ Bad Faith And Punitive Damages
The recent decision Branco v American Home Assurance Company received a lot of attention for the high damages awarded against an insurer for acting in bad faith. Branco was just one of a series of cases dealing with bad faith damages in Canada over the last year. In this article, Siskinds looks at those cases...
Continue reading the post titled Beyond Branco: A Comparison Of Recent Decisions On Insurersβ Bad Faith And Punitive DamagesAbitibi wins, Newfoundland cleanup order unenforceable after insolvency
Provincial governments must do more to ensure that cleanup costs are provided by financial assurance during the active life of a business, and not rely on getting innocent third parties to pay for cleanups after the fact.
Continue reading the post titled Abitibi wins, Newfoundland cleanup order unenforceable after insolvencyImminent extinction of sage-grouse a red flag: oil wins in Canada, not environment
In ecology, an “indicator species”Β can act a red flag that environmental conditions are deteriorating. When the population of the indicator species declines, biologists who are monitoring the situation get a red flag that something is wrong. The pending extinction of the sage-grouse in Canada should act as a similar warning that our environmental laws, and...
Continue reading the post titled Imminent extinction of sage-grouse a red flag: oil wins in Canada, not environmentMOE Interrogations
Can Ministry of the Environment investigators force people to answer their questions?
Continue reading the post titled MOE InterrogationsKawartha Lakes appeal heard by Court of Appeal
The City of Kawartha Lakes has appealed to the Ontario Court of AppealΒ from a Ministry of the Environment Order, which imposed cleanup liability on the City for contamination it did not cause. The City argues that the MOE should have imposed those cleanup costs on the polluters, meaning either those who caused the spill, or...
Continue reading the post titled Kawartha Lakes appeal heard by Court of AppealInstitute of Corporate Directors Webinar on No-fault Director's Liability
Many of you will be attending theΒ Institute of Corporate Directors‘ Β very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Neil Baker of Baker v. Director, and Brian Rosenbaum of Aon. The ICD Β will...
Continue reading the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityNeighbours must pay their fair share to prune boundary trees
A new case from the Ontario Superior Court has ruled that the costs associated with pruning and maintaining trees growing on property lines should be shared between owners of neighbouring properties, and municipalities must take this principle into account in issuing maintenance orders against homeowners.
Continue reading the post titled Neighbours must pay their fair share to prune boundary treesGreen energy and condominiums
Should the Condominium Act be amended to encourage developers to include green energy and energy conservation in condominium projects? This was the subject of a fascinating and passionate exchange between members of the Ontario Bar Association’s Real Property Section, which some of you will enjoy reading: Β Dear Chris, Further to our conference call yesterday...
Continue reading the post titled Green energy and condominiumsFish farm company silences activist opponent with defamation order
TheΒ BC Court of Appeal has ordered well-known anti-fish farm activist Don Staniford to pay $75,000 in damagesΒ because the mock cigarette packages he had made criticizing Norwegian-owned fish farm companies lacked footnotes or other appropriate citations. The court also granted a permanent injunction muzzling Staniford’s attacks on the fish farms:Β Mainstream Canada v. Staniford,Β 2013 BCCA 341. According...
Continue reading the post titled Fish farm company silences activist opponent with defamation orderMOE Director admits that the Northstar directors were not polluters
Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause,Β will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the EnvironmentΒ were filed September 27, and make fascinating reading. Β For example, Jane Glassco, the Ministry Director...
Continue reading the post titled MOE Director admits that the Northstar directors were not pollutersReceive Blog Posts
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