Raibex decision alters franchise landscape on presale disclosure
The disclosure obligations for franchisors expanded with a recent Ontario Superior Court of Justice ruling, and will change the way deals are struck in the province, says franchise lawyer Peter Dillon. In Raibex Canada Ltd. v. ASWR Franchising Corp., 2016 ONSC 5575 (CanLII), the judge found the development cost estimate provided to the franchisee was materially...
Continue reading the post titled Raibex decision alters franchise landscape on presale disclosureOntario to give municipalities more control of siting large wind projects
Ontario will increase local control over future renewable energy projects, as previously promised by Premier Wynne.
Continue reading the post titled Ontario to give municipalities more control of siting large wind projectsWainfleet’s anti-wind turbine by-law invalid
In Wainfleet Wind Energy Inc. v. Township of Wainfleet (2013 ONSC 2194), Ontario’s Superior Court of Justice found the Township’s anti-wind by-law invalid for vagueness and uncertainty.
Continue reading the post titled Wainfleet’s anti-wind turbine by-law invalidSignificant Changes to Planning Act Coming
On December 3, 2015 a few parts of Bill 73, the Smart Growth for our Communities Act, came into force, amending both the Planning Act and the Development Charges Act. The majority of the changes under the Planning Act are not yet in force. One significant pending change relates to removing appeal rights of official plan amendments for environmentally sensitive...
Continue reading the post titled Significant Changes to Planning Act ComingMine or hauler: Who's responsible for Waste PCB Oil?
In Enviro West Inc. v. Copper Mountain Mining Corp. a waste hauler was hired to remove waste oil from a transformer at a mine. Despite several oral and written warnings, the hauler didn’t realize the oil was heavily contaminated with PCBs. As a result, the hauler mixed the PCBs with other oils, creating extensive PCB contamination...
Continue reading the post titled Mine or hauler: Who's responsible for Waste PCB Oil?Jail for victim of vandalism?
1197338 Ontario Inc. was fined $150,000 plus the 25% Victim Fine Surcharge for failing to comply with a Director’s Order to clean up a spill of PCBs; its president, Lawrence Brander was sentenced to 30 days in jail for the same offence. But why did the spill occur?
Continue reading the post titled Jail for victim of vandalism?Better ideas about liability, allocation and fairness
Kudos to the Nova Scotia Law Reform Commission for its thoughtful and groundbreaking report on how to encourage redevelopment of contaminated sites. Unlike the recent decision of Ontario’s Environmental Review Tribunal in Kawartha Lakes, the commission recognizes that uncertain and unfair liability rules are major obstacles to an important public policy objective, the redevelopment of...
Continue reading the post titled Better ideas about liability, allocation and fairnessSustainable events – real or greenwashing?
Canadian pride in our “green Olympics” is about to be translated into a standard for sustainable events: Z2010. The Canadian Standards Association worked unofficially with VANOC’s Corporate Sustainability Office to develop the standard in record time, and to learn from its experience in putting on the Vancouver Olympics.
Continue reading the post titled Sustainable events – real or greenwashing?Environmental insurance getting cheaper?
Last week, insurance representatives told the Ontario Bar Association that environmental cleanup insurance has become much less expensive, perhaps 1 cent per square foot per year for large property portfolios. The available coverages have also expanded. This is good news. Environmental insurance is appealling, but has usually been too expensive for smaller deals and single...
Continue reading the post titled Environmental insurance getting cheaper?Making parent companies pay: a sting in the tail of approval reform
This should add some surprising complications to a wide variety of transactions.
Continue reading the post titled Making parent companies pay: a sting in the tail of approval reformReceive Blog Posts
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