Don't touch that shoreline
Cottagers frequently want to “clean up” their shoreline, but this is usually illegal without a permit. A father and son were each charged with altering their shoreline and removing vegetation without a permit, contrary to the Saskatchewan Environment Management and Protection Act, 2002.Β
Continue reading the post titled Don't touch that shorelinePrivate prosecution gets a boost
There is often tension between the publicβs right to commence a private prosecution, and the attorney generalβs right to take over that prosecution, often in order to drop it. The Ontario Court of Appeal has given a boost to private prosecutors, ruling that they are entitled to have at least one day in court.
Continue reading the post titled Private prosecution gets a boostTransit class action, EA and the St. Clair Streetcar
Curactive Organic Skin Care is starting a class action over the St. Clair streetcar. It wants to sue the Ontario government, Toronto and the TTC for $105 million in damages. Curactive says hundreds of small businesses lost money, due to delays in transit construction, and to changes in the design of the street, such as...
Continue reading the post titled Transit class action, EA and the St. Clair StreetcarClimate change, KPIA and the rule of law
When abroad, I haveΒ often bragged about Canadaβs legal system, how competent and respected are our courts and how no one is above the law. But this boast has taken a blow in the area of climate change and the Kyoto Protocol.
Continue reading the post titled Climate change, KPIA and the rule of lawCourt of Appeal confirms that civil damages for bodily harm intentionally inflicted cannot be discharged by bankruptcy.
Rasha El-Tawil and Michael Polvere argued a successful appeal before the Court of Appeal for Ontario in Dickerson v. 1610396 Ontario Inc. and Radcliffe, 2013 ONCA 653 (MacFarland, Watt and Epstein, JJ.A.), regarding the application of the Bankruptcy and Insolvency Act on damages suffered for personal injuries after an intentional tort. The decision of the...
Continue reading the post titled Court of Appeal confirms that civil damages for bodily harm intentionally inflicted cannot be discharged by bankruptcy.Seek Legal Advice Immediately Upon Receipt of a Request from the MOE
Landowners will often comply voluntarily with requests from the Ministry of the Environment (βMOEβ), but cooperating may not always be in their best interest. Seeking early legal advice is important to determine what course of action, upon receiving notification, correspondence or an administrative Order from the MOE, is in fact in oneβs best interest. The...
Continue reading the post titled Seek Legal Advice Immediately Upon Receipt of a Request from the MOEInspections v Investigations: Do You Know the Difference?
Do you manage a business? Do you know the difference between an EPA inspection and an EPA investigation? In the newest post from our blog Clearing the Air, Paula Lombardi looks at this important issue and offers advice that will help your business be prepared.As mentioned in the last post, the Environmental Protection Act (EPA)...
Continue reading the post titled Inspections v Investigations: Do You Know the Difference?Ontario Labour Relations Board Finds that Employee Fired for Sleeping on the Job is Still Entitled to Termination Pay
Many employers are aware that they can terminate an individualβs employment without notice where there is βcauseβ (generally acts that fundamentally undermine the employment relationship such as theft, violence in the workplace, etc.). However, employers may not be aware that Ontarioβs employment standards legislation sets a different, arguably higher bar for misconduct before an employer...
Continue reading the post titled Ontario Labour Relations Board Finds that Employee Fired for Sleeping on the Job is Still Entitled to Termination PayJail for victim of vandalism?
1197338 Ontario Inc. was fined $150,000 plus the 25% Victim Fine Surcharge for failing to comply with a Directorβs Order to clean up a spill of PCBs; its president,Β Lawrence Brander was sentenced to 30 days in jail for the same offence. Β But why did the spill occur?
Continue reading the post titled Jail for victim of vandalism?Sunrise Propane Explosion: $5.3 million in fines
After convictions in 2013, Sunrise Propane Energy Group Inc., 1367220 Ontario Inc., c.o.b. as Sunrise Propane, and two corporate directors, Shay Ben-Moshe and Valery Belahov, have been fined a total of $5.3 million, exclusive ofΒ the 25% victim fine surcharges (VFS). Sunrise Propane owned a propane filling plant in the city of TorontoΒ and 1367220 Ontario Inc.Β held...
Continue reading the post titled Sunrise Propane Explosion: $5.3 million in finesReceive Blog Posts
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