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Published on: 21 Sep 2012 By (Dianne Saxe)

Smart regulation: if regulators studied psychology

How would environmental regulation be different if our regulators were up to date on current research in psychology and neuroscience? A leading American legal scholar and member of the Obama Administration, Cass Sunstein, published a detailed analysis in the University of Chicago Law Review. His bottom line? 

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Published on: 24 Nov 2021 By

Keep your ‘Secret Sauce’ secret: protecting confidential information in commercial relationships and transactions

When businesses negotiate potential transactions or contracts, or discuss opportunities to collaborate on a project or venture, it is likely that one or more of the parties will be sharing information that is non-public and confidential in nature.1 Maybe your business doesn’t have a ‘secret sauce’, but you may wish to protect the confidentiality of...

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Published on: 7 Jan 2013 By (Dianne Saxe)

Strong opposition to sewage processing facility foiled by filing error

Lystek’s controversial sewage sludge processing facility in Southgate, Ontario, will not face an appeal of its Environmental Compliance Approvals, because opponents, after fighting the facility for so long, made a critical error in seeking leave to appeal. See Green v. Ontario.

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Published on: 7 Dec 2010 By (She/Her) ,

The Rise And Fall Of Chadha v Bayer

Introduction Although numerous price-fixing conspiracy class actions have been commenced in Canada, only a relatively small number have proceeded to a contested certification motion.  For those that have proceeded to a contested certification, one of the main challenges for plaintiffs has been overcoming the high evidentiary threshold established primarily by the Ontario Court of Appeal...

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Published on: 13 Sep 2012 By

Legal Proceedings against Persons and Businesses outside of Ontario

In Van Breda,[1] a recent decision of the Supreme Court of Canada, the Court articulated a test which, if satisfied, allows Canadian courts to adjudicate disputes against persons who are not physically present in their territory. It is often particularly important to persons who have potential claims against out-of-province defendants to be able to pursue...

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Published on: 14 May 2013 By (Dianne Saxe)

Will Environmental Tribunal enforce public trust in water?

Ecojustice has intervened in an appeal before Ontario’s Environmental Review Tribunal, hoping that they will enforce a public trust in water resources. Nestle Canada Inc. (“Nestle”) runs Ontario’s largest water bottling operation. They pump groundwater from two different sets of wells in the Guelph area. Each well requires a Permit to Take Water (“PTTW”) from the...

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Published on: 30 Jul 2013 By (Dianne Saxe)

Personal liability for officers and directors- how far?

Should company directors and officers be personally liable for contamination they did not cause? “Directors’ liability is one of the primary instruments used by policymakers to promote good corporate governance. However, … [t]he imposition of ever-increasing personal liability on directors may eventually affect the management and business efficiency of Canadian corporations.” So concludes a research...

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Published on: 21 Aug 2017 By

EU-US Privacy Shield Framework – Does it Apply to Your Business?

Background In late 2015, the highest court in the European Union invalidated the Safe Harbor data-transfer framework that ruled over the transmission of personal data between the EU and U.S. for approximately 15 years. The European Court of Justice held that the U.S. government’s repeated and surreptitious access to the data of EU residents violated...

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