Neonic pesticides: Bee protection regulation upheld
An Ontario Superior Court has upheld provincial regulation to dramatically reduce the number of acres plantedΒ with corn and soybean seeds coated with a class of pesticides known as neonicotinoids or neonics, which are toxic to bees and other essential pollinators. InΒ Grain Farmers of Ontario v. Ontario Ministry of the Environment and ClimateΒ Change, 2015 ONSC 6581,...
Continue reading the post titled Neonic pesticides: Bee protection regulation upheldTeck Cominco: Applying US Law to Canadians in Canada
Β On January 7, the United States Supreme Court ruled that Teck Cominco, a Canadian mining giant, is subject to U.S. pollution laws because Canadian slag washed into U.S. waters. This sets an important precedent for other cross-boundary pollution. For more than 100 years, Teck and its predecessors have operated a lead-zinc smelter at Trail,...
Continue reading the post titled Teck Cominco: Applying US Law to Canadians in CanadaSuperior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated Land
The Superior Court of Justice recently granted a motion to dismiss a third party claim for professional negligence in a proceeding involving the purchase of a contaminated property that was subject to a remediation order registered on title (the βContaminated Propertyβ). CN Railway Company v. Crosslink Bridge Corp., 2018 ONSC 5475 (βCN Railwayβ) arose from...
Continue reading the post titled Superior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated LandWhat 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...
Continue reading the post titled What is Environmental Due Diligence?Predatory Marriage: A Modern Day Marriage Trap
Predatory marriages are a developing phenomenon in Ontario. Predatory spouses take advantage of elderly victims and assume control of their financial affairs. This can have severe consequences for the victim and their family. Recently Canadian courts have taken a stricter stance on what sort of capacity is required for marriage. In this article, Dagmara Wozniak...
Continue reading the post titled Predatory Marriage: A Modern Day Marriage TrapBoundary trees: sometimes good fences donβt make good neighbours
The issue of boundary treesβtrees that straddle property linesβappears to be a growing, and increasingly confusing, legal concern for Toronto neighbours. Earlier this year, the Ontario Superior Court of Justice was again asked to untangle a boundary tree-related dispute between two Toronto neighbours. The tree at issue in the decision (Freedman v Cooper, 2015 ONSC...
Continue reading the post titled Boundary trees: sometimes good fences donβt make good neighboursSignificant Fisheries Act fine issued to owner of Quebec refinery
Valero Energy Inc., the owner of the LΓ©vis, Quebec-based Jean-Gaulin Refinery, has received a $500,000 fine for violating the Fisheries Act. Reportedly, in 2008, the company accidentally released some 200,000 litres of heavy fuel oil into a stream that flows into the Saint-Lawrence River. Environment Canada issued an order requiring the company to clean up...
Continue reading the post titled Significant Fisheries Act fine issued to owner of Quebec refineryConsent of Minors to Medical Treatment
The basis for the requirement of consent is found in the common law and in legislation in several provinces1 including Ontario. Interestingly, consent and capacity legislation varies among the provinces such that there are differences among the provinces as to the requirements and conditions for obtaining consent. Two general requirements and conditions for obtaining consent...
Continue reading the post titled Consent of Minors to Medical TreatmentPain and Suffering Damages and the Threshold in a Personal Injury Action
One of the areas which people often look to be compensated for after an injury is their βpain and suffering.β This is the unquantifiable hardship which one endures as a result of their injuries. Under the legislation which governs motor vehicle accidents in the Province of Ontario, in order for you to be successful in...
Continue reading the post titled Pain and Suffering Damages and the Threshold in a Personal Injury ActionHow well do you understand the recent changes to the Employment Standards Act, 2000?
Applying the latest changes to the Employment Standards Act, 2000 (βESAβ) to real-life situations can be complex, even for Employment Standards Officers! A recent blog post by Chris Sinal (New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act)Β introduced you to the changes, which became effective...
Continue reading the post titled How well do you understand the recent changes to the Employment Standards Act, 2000?Receive Blog Posts
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