Heyes appeal: Subway construction a nuisance?
Is transit construction a nuisance? The British Columbia Court of Appeal has released its decision in Heyes v. Vancouver, now called Susan Heyes Inc. v. South Coast BC Transportation Authority. The court overturned a $600,000 judgment awarded to a local store owner, who was driven out of business by prolonged traffic closures during construction of...
Continue reading the post titled Heyes appeal: Subway construction a nuisance?Farm Animals, Manure and Environmental Law
Here is Meredith’s presentation on Farm Animals, Manure and Environmental Law for the Animal Law section of the OBA. The presentation focuses on the manure produced by farm animals. In particular, the presentation looks at how manure is regulated and how violations of the acts governing nutrient management and discharges to the environment are enforced. Recent case...
Continue reading the post titled Farm Animals, Manure and Environmental Law21st Annual Estates and Trusts Law Summit – October 10 & 11
Siskinds associate Dagmara Wozniak will be speaking at the 21st Annual Estates and Trusts Law Society of Ontario Summit on October 10th, sharing her knowledge on the topic of “Real Estate Issues in Estate Litigation”. To find out more about the two-day summit, taking place at the Metro Toronto Convention Centre, click here: https://store.lso.ca/21st-annual-estates-and-trusts-summit-day-one
Continue reading the post titled 21st Annual Estates and Trusts Law Summit – October 10 & 11Securities Disclosure and the Direct Liability of Parent Companies at Common Law
In this post, I am canvassing a topic that has been the subject of passing comment by others, but which remains an unconsidered and unresolved issue in Canadian transnational tort cases. The issue is this: in considering whether a parent company owes a duty of care to a third party affected by the operations of...
Continue reading the post titled Securities Disclosure and the Direct Liability of Parent Companies at Common LawSyncrude found guilty in ducks case
Syncrude has been found guilty of two offences relating to the large duck kill of 2008. That April, 1606 migrating ducks died after landing on the toxic tailings pond of the huge Aurora tar sands mine. A member of the Sierra Club laid the original charges, another vindication for private prosecution. Syncrude was charged with:
Continue reading the post titled Syncrude found guilty in ducks caseThe Court of Appeal for Ontario Provides Welcome Clarity on Certification of International Classes
The Court of Appeal for Ontario released its much-anticipated decision in the Airia Brands Inc. v. Air Canada air cargo price-fixing litigation last week. The Court was asked to determine the test for jurisdiction over non-resident class members and whether the test was met in this case. Siskinds LLP acted for the Plaintiffs/Appellants (non-resident class members),...
Continue reading the post titled The Court of Appeal for Ontario Provides Welcome Clarity on Certification of International ClassesLimits to the intervention capability of the Quebec Class Action Fund
On September 7, 2016, the Superior Court of Quebec rendered an interesting judgment that clarified the limits of the power of intervention of the Fonds d’aide aux actions collectives (hereinafter referred to as the “Fonds”). The Fonds’s mission is to provide financial support to people who wish to bring a class action and to disseminate...
Continue reading the post titled Limits to the intervention capability of the Quebec Class Action FundSlips, Trips and Falls: Understanding Occupiers’ Liability
What is Occupiers’ Liability? In Ontario, the Occupiers’ Liability Act governs all claims relating to occupiers’ liability. Anyone who is in physical possession of a property, or has responsibility for and control over a property (the “occupier”) owes a duty of care to take reasonable precautions to ensure that all persons are reasonably safe while...
Continue reading the post titled Slips, Trips and Falls: Understanding Occupiers’ LiabilityiBorehole
I can’t resist telling you that geotechnical engineer Shoshanna Saxe and web developer Micah Zarnke have released a new app that uses the GPS, camera and other features of an iPhone to improve the ease and accuracy of field logging of boreholes. iBorehole is available through the iTunes App Store.
Continue reading the post titled iBoreholeThe Wit (not just wisdom) of the Bench
Most people (even lawyers!) usually think that reading case law is dry and humourless. But it depends on the judge! There have been several decisions over the last few years that have shown that judges have a sharp wit and a flair for writing! Take a moment to enjoy these. One example is R. v. Duncan,...
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