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Published on: 18 Jun 2012 By (Dianne Saxe)

Fisheries Act: Weaker or Tougher?

With Bill C-38, the omnibus Budget Implementation Act, Bill C-38, the Conservative government will bring sweeping changes to Canada’s environmental landscape. To make approvals easier for oil sands projects and related pipelines, the Fisheries Act will be particularly affected. Major changes will dramatically narrow what a reduced corps of fisheries officers will attempt to protect....

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Published on: 21 Mar 2016 By

2016 Shaping Up To Be ‘Significant’ Year For Franchise Law

(Note: This article was also published on AdvocateDaily.com) The Supreme Court of Canada is set to hear its first franchise case in more than four decades something that, coupled with significant recent decisions, could bring needed balance to the industry, franchise lawyer Peter Dillon tells AdvocateDaily.com. “If franchise litigation were a wine, then 2015 would be a good...

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Published on: 21 Dec 2016 By

Where Can I Bring My Family Law Application?

Before you issue an Application for relief in family law, you first need to determine the appropriate municipality in which to bring your Application. This article deals with choosing the appropriate municipality within Ontario. For a determination of whether or not Ontario should assume jurisdiction over a case (i.e. where there is a competition over jurisdiction...

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Published on: 23 Jun 2013 By (Dianne Saxe)

Who pays when polluters can’t?

In theory, Canadians are pretty comfortable with the polluter pay principle, at least when it applies to other people. (We do not seem to feel the same way about carbon taxes.) In theory, the polluter-pay principle ensures that polluters, rather than the public or the immediate victims of pollution, bear the cost of repairing damage...

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Published on: 5 Jun 2013 By (Dianne Saxe)

Ontario Failing Our Future on Climate Change

In his latest report, Ontario’s Environmental Commissioner again strongly criticizes the Ontario government for doing too little on climate change. The Ontario government has done a lot, most notably closing coal-fired power plants and adopting the Green Energy Act. In this, Ontario compares well to other provinces and to our foot-dragging federal government. However, Commissioner...

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Published on: 24 Jun 2013 By (Dianne Saxe)

No appeal from Environmental Review Tribunal refusal of stay pending appeal

She ruled that the Legislature intended orderees to have no remedy if the Tribunal turns down their request for a stay pending appeal, regardless of the financial consequences and of the potential invalidity of the Order.

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Published on: 27 Jun 2018 By ,

A good day for do-it-yourself investors: The CSA proposes to prohibit the payment of trailing commissions to discount brokers

On June 21, 2018, the Canadian Securities Administrators (“CSA”) released a Status Report on their ongoing investigation into embedded commissions in the mutual fund industry. “Embedded commissions” is the term used to describe the practice of mutual fund managers compensating dealers (and their representatives) for mutual fund sales by way of commissions, as opposed to...

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Published on: 29 Aug 2018 By

Divisional Court overturns Ontario Labour Relation Board’s certification of construction bargaining unit integral to telecommunications

In a significant victory for employers engaged in construction work in federally-regulated sectors, the Divisional Court in Labourers’ International Union of North America, Ontario Provincial District Council v Ramkey Communications Inc [1] has overturned an Ontario Labour Relations Board (“OLRB”) decision suggesting that all contractors performing construction work were subject to provincial labour relations laws,...

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